The opioid epidemic continues to show up in the workplace. Methadone is often prescribed to help those addicted to opioids. For many, their problems started when they were prescribed oxycodone hydrochloride for pain, sometimes to help with workplace injuries. The drug proved to be highly addictive.
Recent news stories center on employees who complain of being discharged shortly after the supervisor or human resources staff learned they were on prescription methadone. A recent case, Godwin v. The George Washington, LP, involved Jeanna Godwin, who applied for a job at the hotel run by the defendant. The applicant alleges that when The George Washington learned she was being treated with methadone, the employer pulled the application, and the employee wasn’t hired as a bartender.
The August 23, 2023, ruling by the U.S. District Court for the Western District of Pennsylvania in the case addressed whether a failure to hire or promote might lead to discrimination under the Americans with Disabilities Act (ADA) when methadone is used to overcome an opioid addiction. The court, unsurprisingly, ruled that, while current use of illegal drugs isn’t protected, workers recovering from drug addiction who are using methadone prescribed by a doctor can be covered by the ADA.
The scenario is likely to repeat itself in more workplaces, and employers should not assume that because non-medical methadone use is illegal, it cannot be prescribed by a doctor. Once that happens, an employer needs to turn to the ADA for a careful review of the next steps. If this is an issue you are confronting in your workplace, Employers Council can help. Consulting and Enterprise members have access to legal assistance to sort through this and other workplace accommodation issues. Contact us for assistance or if you have any questions.
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