Can I be fired for being a recovering opioid addict?
Opioid addiction in the workplace
The Americans with Disabilities Act ("ADA") gives employers the authority to ensure that no unlawful drugs or alcohol are used in the workplace. However, the ADA only protects recovering drug addicts and alcoholics from discrimination to a limited extent.
The Americans with Disabilities Act (ADA) safeguards eligible people with disabilities. Employees and applicants who are already taking illegal drugs are specifically excluded from the ADA's definition of "qualified individuals with a handicap." The ADA, on the other hand, does not exempt the following from its protection:
(a) those who have been successfully rehabilitated and no longer use illegal drugs;
(b) those who are currently enrolled in a recovery program and have stopped using illegal drugs; and
c) Employees who are incorrectly labeled as illegal drug users by their employers.
An employer cannot discriminate against someone who has a drug addiction history but is not currently abusing drugs. Some may interpret this policy as implying that recovering addicts are unworthy of such protection, or that it provides too much protection to drug users. However, it's vital to emphasize that this only applies to persons who aren't already on any medications. When the ADA was enacted, Congress realized that recovering drug addicts and alcoholics have a stigma linked to them. The fundamental purpose of this provision is to assist recovering drug addicts and alcoholics in getting a "clean" start, and the stigma associated with their previous use should not be used to determine their present employment. Our employment lawyers have already blogged on this subject of discrimination.
Individuals in addiction recovery are protected against discrimination in the job under the Americans with Disabilities Act (ADA). This means that your employer will not be able to terminate you because you chose to go to rehab.
Is it legal to inquire about a worker's drug use?
An employer may only inquire an existing employee about prescription drugs if it is job-related and consistent with business necessity, according to the ADA. As a result, you may not be able to require all employees to report any prescriptions they are taking. Keep in mind that the Americans with Disabilities Act prohibits employers from asking job seekers medical inquiries.
Can I fire an employee for being on Suboxone?
Suboxone is not an illegal drug. Therefore, most employers cannot fire, demote, or refuse to hire based solely on a person taking Suboxone as prescribed