News & Analysis as of

Americans with Disabilities Act (ADA) Prescription Drugs

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

U.S. Equal Employment Opportunity Commission...

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Jackson Lewis P.C.

Manufacturers Must Consider Employee Use of Prescription Medications on an Individualized Basis

Jackson Lewis P.C. on

Manufacturers that conduct workplace drug and alcohol testing must be careful when addressing drug test results and employee disclosures of prescription medication use, especially as drug use has surged across the country...more

Jackson Lewis P.C.

Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment

Jackson Lewis P.C. on

A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to...more

Manatt, Phelps & Phillips, LLP

Telehealth: Regulation, Compliance, Audit and Investigation

I. Introduction - Use and acceptance of telehealth technologies have grown very substantially since the start of the COVID-19 pandemic. This growth has been substantially facilitated by waivers and relaxations of existing...more

Sherman & Howard L.L.C.

Poor Mental Health Does Not Excuse Workplace Threats, Misconduct

In Todd v. Fayette County School District, the Eleventh Circuit Court of Appeals reminded us that an employer’s legitimate and non-discriminatory reason for taking a challenged action need not have actually happened as long...more

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more

Baker Donelson

Is Opioid Addiction Protected Under The ADA? EEOC Issues Clarifying Guidance

Baker Donelson on

The U.S. is currently in the midst of an unprecedented opioid epidemic, and opioid misuse can significantly impact workplace safety and employee health and wellness. Accordingly, on August 5, 2020, the U.S. Equal Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Opioid Addiction and the ADA: The EEOC Provides Timely Guidance

It is established that an employee’s drug addiction may qualify as a disability under the Americans with Disabilities Act (ADA), provided the employee is not currently using illicit substances. In the U.S. Equal Employment...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or...more

Payne & Fears

The EEOC Releases Guidance on Legal Opioid Use and Reasonable Accommodations

Payne & Fears on

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Poyner Spruill LLP

New EEOC Guidance on Opioid Addiction and Employment

Poyner Spruill LLP on

On August 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two new guidance documents addressing the opioid epidemic and its impact on the workplace. The first guidance, “Use of Codeine, Oxycodone, and Other...more

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

Rivkin Radler LLP

EEOC Addresses Employees’ Opioid Use in New Guidance

Rivkin Radler LLP on

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more

Hinshaw & Culbertson - Employment Law...

EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more

Fisher Phillips

EEOC Issues New Workplace Guidance On Opioid Use And Reasonable Accommodation Considerations

Fisher Phillips on

The Equal Employment Opportunity Commission recently released two new technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act in relation to the use of...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC's Opioid Guidance Works For All Legal Drugs*

An easy-to-read guide that works for all employees using legal meds.* The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more

Proskauer - Law and the Workplace

EEOC Releases Guidance on Employee Opioid Use and the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more

Constangy, Brooks, Smith & Prophete, LLP

How To Ask Employees About Their Legal Meds Without Being Sued

A cautionary tale. In a decision issued this week, a federal judge in Greensboro, North Carolina, ruled that an employer's policy requiring employees to disclose their legal prescription medications may have violated the...more

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