The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit against an employer who purportedly refused to hire a recovering drug addict using methadone, alleging violations of the Americans with Disabilities Act. Employers should be careful not to discriminate against applicants or employees who use prescription drugs such as methadone to treat their heroin addiction (as well as other prescription medications for other medical conditions). Instead, employers should consider on a case-by-case basis whether the applicant or employee can perform the essential functions of the job with or without a reasonable accommodation and without posing a direct threat of harm to themselves or others in the workplace.

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