On Aug. 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two new publications that aim to clarify existing requirements related to opioid addiction and employment under the Americans with Disabilities Act (ADA).
The documents confirm that:
- Current, illegal drug use is not an ADA-protected disability.
- The ADA protects individuals who use opioids legally or have recovered from opioid addiction.
- Employers must provide reasonable accommodations for legal opioid use, unless doing so would pose a direct threat to safety in the workplace.
Refer to the attached Compliance Bulletin for details.