By Annelise Gilbert, Bloomberg Law
July 6, 2023
- EEOC received more than 200 opioid-related charges since 2019
- Attorneys on both sides acknowledge job seekers are stigmatized
Given the nationwide opioid epidemic, John said he didn’t think disclosing his methadone treatment for a previous opioid addiction to his employer would be a big deal.
The clinic where he received treatment six times a week was only four or five miles from the restaurant where he worked, but the trip via public transportation often took two hours. So, he asked for an accommodation as he could be late if his appointment took longer than usual.
His boss was initially understanding. “Next thing I know, the switch flips,” he said in a phone interview—his identity concealed behind a pseudonym so as to not undermine his search for a new job.
John suddenly felt as if he was working under a microscope. His boss, who’d previously praised him for his speed, started to complain he wasn’t fast enough.
It seemed “he was trying to say I was high at work,” John said. He was soon fired for what he asserts were purely pretextual reasons and has since sued his former employer under the Americans with Disabilities Act.
His situation is not unique. Millions of Americans are afflicted by Opioid Use Disorder, according to the US Centers for Disease Control and Prevention, which estimated more than 80,000 opioid overdose deaths last year. Still more people have struggled to break their addictions and return to productive lives, only to discover their condition now poses its own obstacle.
The Equal Employment Opportunity Commission and Department of Justice have both issued guidance in recent years reiterating that the ADA prohibits discrimination against individuals in recovery from OUD, who are not engaging in illegal drug use. That includes those receiving legally-prescribed methadone or a similar medication-assisted treatment.