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Can a Company Refuse to Hire a Recovering Drug Addict?


Can a Company Refuse to Hire a Recovering Drug Addict?

What the Americans with Disabilities Act says about drug addiction

There’s no lawful reason a company would ever be required to hire someone who claims to be currently addicted to drugs.

But what if a job applicant states that he or she is being treated for a past drug addiction? Can the company still refuse to hire the person?

A lawsuit by the Equal Employment Opportunity Commission (EEOC) brings this question into sharp focus.

Let’s take a look at what allegedly happened in this case and then discuss how drug addiction is handled under the Americans with Disabilities Act (ADA).

A Red Flag Prescription

The EEOC is currently suing an employer for rescinding a job offer it made to a recovering drug addict.

It claims that Volvo Group North America made a conditional job offer to Michael Files for an hourly manufacturing position. During the pre-employment physical, Files disclosed that he was taking suboxone, a prescription narcotic drug used to treat heroin addiction. He explained that he hadn’t used any illegal drugs since 2010.

However, the company nurse explained that the employer viewed suboxone as more powerful than heroin.

Files arrived to start work several days later, but was told that the company was unable to hire him because of his suboxone use.

Files complained to the EEOC, which is now suing on his behalf.

The EEOC claims that the company violated the ADA by refusing to hire a qualified applicant who is participating in a medically supervised drug treatment plan.

For more information, see this press release from the EEOC.

What the Law Says

The ADA does not provide protection for current users of illegal substances. Therefore, if Files had admitted to current drug use, the company would’ve generally been within its rights to rescind the job offer.

However, people with past histories of drug abuse may be covered by the ADA.

First, it’s important to know that ADA coverage is determined on a case-by-case basis. That is, there is no list of conditions that are or are not covered. A person may generally qualify for ADA protection if he or she meets certain criteria, including being substantially limited in a major life activity because of a medical condition.

Because recovering drug addicts may require ongoing treatment to combat their addictions, they may be eligible for ADA protection.

ADA protection prohibits employers from discriminating against employees and prospective employees because of their disabilities.

That means, in this case, if Files is found to be eligible for ADA coverage, the company may have violated the law by refusing to hire him because of his ongoing treatment for drug addiction.

But keep in mind that companies may be able to refuse employment on other grounds. For example, if certain prescription drugs present safety issues, employers may be within their rights to refuse employment.

In this case, however, the company did not cite a safety issue. Now it will be up to the courts to decide if the company violated federal disability laws.

Call Us for a Consultation Now

As this case shows, issues surrounding disabilities and work are often extremely complicated. If you believe you have been discriminated against because of a disability, it’s a good idea to speak to an employment law attorney about your rights.

Call us today to discuss your unique situation.

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