In our April, 2018 quarterly newsletter, we touched on Suboxone’s use as one of the most common drugs used for treatment of opioid addiction. This quarter, we bring you a practical example of the need for policies and EEOC compliance in the context of Suboxone.
Foothills Child Development Center, Inc. is a private corporation that operates a preschool in Easley, South Carolina. Foothills terminated an employee, Leon Dabrowski, after he disclosed his prior addiction to opiates and his current participation in a medication-assisted treatment program (“MAT”). According to the Substance Abuse and Mental Health Services Administration, MATs use behavior therapy and medication, including Suboxone, to treat drug addiction in patients. Foothills fired Dabrowski after he disclosed his participation in the MAT on his first day of work.
The EEOC sued on behalf of the former employee, alleging that the facility failed to conduct an individualized assessment prior to terminating Dabrowski. The failure to conduct an individualized assessment, according to the EEOC, violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability. “The assessment would have helped determine what effect, if any, the Suboxone had on Dabrowski’s ability to perform his job duties,” the EEOC says.
As part of the settlement, Foothills will pay Dabrowski $5,000.00 and enter into a five-year consent decree which “requires it to amend its written drug use policy to include a clear and specific exclusion to the policy for individuals who use legally-obtained prescription medication in a lawfully-prescribed manner.” Additionally, the corporation will create an ADA-compliant procedure for individualized assessment of employees enrolled in any form of alcohol, drug, or illegal substance rehab programs. The EEOC says the purpose of these procedures is to determine whether the employee can safely perform essential job functions with or without reasonable accommodation.
As we noted in our April, 2018 article [HYPERLINK: HOW DO EMPLOYERS DEAL WITH SUBOXONE ON DRUG TESTS? ], carefully-crafted workplace drug policies to handle employee drug-use, including the use of prescription drugs, which also comply with EEOC guidelines for employees with disabilities are essential. The Foothills case serves as a reminder that failure to create these policies, and adhere to them, can have serious consequences for employers.
Attorneys at FDAR routinely draft employer policies and advise employers regarding drug-free workplace and testing programs. For more information please contact Marc Fishel, mfishel@fisheldowney.com, or Grant Bacon, gbacon@fisheldowney.com, or any attorney at FDAR. (614) 221-1216.