Employers must accommodate some workers’ opioid use disorder (OUD) treatment, according to new guidance from the Equal Employment Opportunity Commission (EEOC) on the rights of opioid users under the Americans with Disabilities Act (ADA). It all comes down to whether the drugs are being used illegally or legally.
Illegal Opioid Use
If employees are using opioids illegally, their employment is not protected, according to the EEOC. Even if the employee in question hasn’t had any performance or safety problems, employers can fire them. Illegal drug use, under the ADA, falls outside of the law’s protections, ensuring that workplace safety and productivity are not compromised.
Legal Opioid Use
If opioids are being used legally, however, the situation changes. Employees who are using opioids with a prescription, are addicted to opioids, or were addicted in the past but are not currently using drugs illegally may be entitled to ADA accommodations. An example of legal opioid use could be a worker with long-term opioid prescriptions or someone participating in a medication-assisted treatment (MAT) program.
Examples of Reasonable Accommodations
The EEOC outlines that reasonable accommodations could include altered break times, flexible work schedules to accommodate treatment, a change in shift assignment, or a temporary transfer to another role. These adjustments are designed to allow employees to continue performing their jobs while receiving treatment. For instance, an employee attending MAT may need a work schedule that accommodates clinic visits.
Employer Rights and Limitations
Despite these protections, employers still have rights under the ADA. If an employee cannot perform their job safely and effectively, even with accommodations, termination may be justified. Employers are not required to lower performance standards, remove essential job duties, pay for unperformed work, or excuse illegal drug use. The balance lies in supporting recovery while ensuring the workplace remains safe and productive.
The Importance of Compliance
This guidance highlights the importance for employers to understand the nuances of the ADA and how it applies to opioid use disorder. Failure to comply could result in legal consequences, while compliance can foster a more supportive and inclusive workplace. Employers should consider implementing clear policies, offering education to supervisors, and working closely with HR and legal teams to manage accommodation requests fairly.
Workplace Impact
Accommodating workers in recovery can positively impact the workplace. Supporting employees with OUD treatment can lead to improved retention, higher productivity, and reduced stigma. It also demonstrates a company’s commitment to employee well-being, which can strengthen overall workplace culture.
Moving Forward
As opioid use disorder continues to affect communities nationwide, employers play a critical role in supporting recovery. By adhering to ADA guidelines, businesses not only comply with federal law but also contribute to broader public health efforts. The EEOC’s guidance is a reminder that while illegal drug use is not protected, employees pursuing recovery through legal treatment deserve reasonable accommodations and a fair chance to succeed.
