A one-size-fits-all approach to employee termination as the result of positive drug tests simply isn’t realistic. A recent lawsuit was settled in South Carolina for $5,000, after the termination of a teacher, who disclosed information regarding his prior opiate addiction and participation in a supervised medication-assisted treatment program. The employer also must face a consent decree, ordered by the Court, which will last five years and requires the business to amend its written drug use policy, create an Americans With Disabilities Act-compliant procedure, provide annual training and report to the Equal Employment Opportunity Commission (EEOC) the identities of all applicants who were denied employment and those who were terminated due to current or past alcohol, drug or substance use.
Drug Using Employee? Better Conduct An “Individualized Assessment” Before You Fire!
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