EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each year,” and that he was taking more steps to address the epidemic. He stated on Twitter that the “epidemic is harming too many Americans and their families,” but that “treatment works and recovery is possible.”1 This does not mean, however, that employers must not be mindful of federal and state disability laws that protect those taking prescription drugs for valid medical conditions. Two recent lawsuits brought by the Equal Employment Opportunity Commission (EEOC) alleging disability discrimination claims in violation of the Americans with Disabilities Act (ADA) underscore the importance of engaging in an interactive process with job applicants and employees and providing reasonable accommodations to those taking prescription drugs for medical conditions.

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