In a recent report on Equal Employment Opportunity Commission (EEOC) legal actions, it was noted that the agency filed suit alleging American with Disabilities Act (ADA) discrimination by an employer for the failure to hire an individual who informed his new employer that he was using the drug branded as Suboxone, an opioid. The drug is typically prescribed to help recovering drug addicts reduce their withdrawal symptoms. The defendant in the case settled the claim for $70,000. The EEOC concluded that the company failed to engage in an individualized assessment to determine whether the applicant could perform his job while using Suboxone. The mere fact that the EEOC itself sued an employer over this issue is cause for concern.
With the increasing use of prescribed opioids — reportedly one out of every three persons took such a prescription in 2015 — the likelihood that the issue will arise in either the hiring context or involving a current employee is significant.