The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and accommodation efforts. Use and Misuse … Continue Reading
A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy. Effinger v. Birmingham-Jefferson County Transit Authority, Case no. 2:19-cv-00766-KOB (N.D. Al. Jan. 23, 2020). The plaintiff was a former … Continue Reading
The U.S. Department of Justice and Drug Enforcement Administration announced on September 27, 2018 that Epidiolex, a cannabis-based drug approved by the Food & Drug Administration, is being placed in Schedule V of the federal Controlled Substances Act, the least restrictive schedule of the CSA. This is the first time that any marijuana-based drug has … Continue Reading
The U.S. Food and Drug Administration approved June 25, 2018 a prescription drug made from marijuana for the first time. The drug, known as Epidiolex, is approved to treat seizures in two rare and severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome, in patients two years of age and older. Epidiolex is made from … Continue Reading
An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans with Disabilities Act. Sloan v. Repacorp, Inc., 3:16-cv-00161 (S.D. Ohio Feb. 27, 2018). The employee, a production manager in a manufacturing … Continue Reading
A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs. The report, entitled “Prescription Drug Misuse in America: Diagnostic Insights in the Growing Drug Epidemic,” examined 3.4 million prescription medication monitored lab tests performed by Quest between 2011 and 2016. … Continue Reading
An appellate court recently affirmed summary judgment in favor of a hospital that terminated the employment of a nurse for diverting medications, rejecting her claim that she had been perceived to be a drug addict by her employer. Demastus v. University Health System, Inc., No. E2016-00375-COA-R3-CV (Tenn. Ct. of Appeals March 2, 2017). Laura Lee … Continue Reading
The EEOC entered into a Consent Decree on November 15, 2016, settling a case alleging violations of the Americans with Disabilities Act for $1.6 million. The EEOC claimed that the employer took adverse actions against applicants and employees with actual or perceived disabilities on the basis that the employer believed the individuals posed safety threats. … Continue Reading
An employer that terminated an employee based on its honest belief the employee violated its drug policy was entitled to summary judgment on the employee’s Americans with Disabilities Act claim, according to a Kentucky federal court. The court also granted summary judgment to the employer on the employee’s failure to accommodate and wrongful discharge claims. … Continue Reading
A federal district court in the District of Columbia has allowed a bus mechanic to proceed with claims of disability discrimination and retaliation, after he was fired for using Adderall to treat Attention Deficit Hyperactivity Disorder (“ADHD”). McFadden v. Washington Metropolitan Area Transit Authority, CV-12-940 (D.D.C. September 2, 2016). McFadden was hired by WMATA as … Continue Reading
As part of the federal government’s efforts to address the opioid abuse epidemic, the U.S. Food and Drug Administration (“FDA”) issued a safety announcement on August 31, 2016, advising against the mixture of opioid medications and benzodiazepines. Specifically, a FDA review found that combining opioid medicines with benzodiazepines or other drugs that depress the central … Continue Reading
An employer’s decision to bypass an employee for a position based on the employee’s use of opioids was not enough to prove the employee’s disability discrimination claim, according to the Sixth Circuit Court of Appeals. Ferrari v. Ford Motor Company, Case No. 15-1479 (6th Cir. June 23, 2016). The Court affirmed summary judgment in favor of … Continue Reading
A federal court in Florida has upheld an employee’s termination due to her “inebriated” conduct that was caused by her use of prescription medications, holding that her discharge did not constitute disability discrimination. Caporicci v. Chipotle Mexican Grill, Inc., Case No. 8-14-cv-2131-T-36EAJ (M.D. Fla. May 27, 2016). Lisa Caporicci worked for Chipotle as a crew … Continue Reading
A deaf employee who tested positive for hydrocodone – but could not produce a prescription for the drug – was not discriminated against due to his disability when his employer fired him. Phillips v. PPG Industries, Inc., Case No. 5:14-CV-1274 (N.D. Alabama Nov. 24, 2015). Phillips was employed as a “finisher” in a manufacturing facility … Continue Reading
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. Angel v. Lisbon Valley Mining Co., Case No. 2:14-CV-00733 (D. Utah Nov. 23, 2015). Angel was employed as a haul truck driver at Lisbon Valley Mining Co., a copper … Continue Reading
In the last three years, 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 on November 3, 2015 against an employer who purportedly refused to hire a recovering drug addict using methadone, alleging … Continue Reading
During a visit to the state of West Virginia on October 21, 2015, President Obama addressed the country’s growing prescription drug abuse and heroin epidemic by announcing several efforts to address these issues. The President’s actions focus on the increase in heroin-related overdoses in recent years – which nearly doubled between 2011 and 2013. According … Continue Reading
The National Safety Council (“NSC”) has published a report entitled Prescription Pain Medications: A Fatal Cure For Injured Workers, urging employers to educate employees about the dangers of using opioid pain medications – such as addiction and death – while also taking steps to avoid potential liability in workers’ compensation and personal injury litigation. The … Continue Reading
The U.S. Department of Health and Human Services (“DHHS”) proposed new guidelines in the Federal Register on May 15, 2015 that would revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs in two significant ways: (1) to permit the testing of oral fluid specimens for drugs; and (2) to include drug testing for certain … Continue Reading
The New York Times reported on April 18, 2015 that employees increasingly are abusing stimulants used to treat attention deficit hyperactivity disorder to be more productive at work. Prescription stimulants have a calming and “focusing” effect on individuals with A.D.H.D., a disorder marked by severe impulsivity and inattention. The Times article stated that while reliable … Continue Reading
The U.S. Department of Transportation (DOT) issued on September 30, 2014 a reminder to Medical Review Officers (MROs) concerning transportation employees’ use of prescription medications. Specifically, the reminder addressed the process to be followed when verifying drug test results of employees who use prescription medications, as well as the MRO’s obligation to raise fitness-for-duty concerns … Continue Reading
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center, CV No. 3:10-250 (W. Dist. Pa. Mar. … Continue Reading
The U.S. Food and Drug Administration announced on October 24, 2013 that it intends to recommend that products containing hydrocodone should be reclassified from Schedule III to Schedule II of the federal Controlled Substances Act, to increase controls on the use and misuse of opioid products. Hydrocodone is a narcotic pain reliever that is found … Continue Reading
Last year New York became the first state to enact a law mandating that doctors and pharmacists track patients’ prescription medication history. The tracking system, known as I-STOP – Internet System for Tracking Over-Prescribing – went into full effect on August 27, 2013, and now requires doctors to consult a database of a patient’s prescription … Continue Reading
