Last week, the EEOC
issued two Technical Assistance Documents concerning employee use of opioids,
both legally and illegally. Illegal use
of opioids does not constitute a disability under the ADA and need not be
accommodated by an employer. However,
prescribed opioids and employees recovering from a prior opioid addiction must usually be reasonably accommodated under the ADA. The first
TAD is addressed to employees who have been prescribed opioids or are in
treatment for opioid addiction recovery.
It explains their rights and how to engage in the interactive process in
order to obtain any necessary reasonable accommodations in order to preserve
their employment. The second
TAD is addressed to physicians who may be required to complete medical
statements about their patient’s need for a reasonable accommodation.
The TADs discuss possible accommodations, such as time off
to attend counseling sessions and group therapy, reassignment, modified work
schedules, modified shifts, temporary transfers, unpaid leave, etc. The TAD recognizes that an employer may
preclude an employee from working in a particular position if the opioid use
poses a significant risk of substantial harm that cannot be eliminated with a reasonable
accommodation based on objective evidence.
NOTICE: This summary is designed merely to inform and alert
you of recent legal developments. It does not constitute legal advice and does
not apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
