Opioid crisis sparks new legal risks for HR.

 
FREE EXCERPT

America's opioid addiction crisis was declared a national public health emergency--and employers are feeling the effects.

In fact, a full 22% of managers say they've supervised an employee they believed to be abusing opioids, according to a survey by wellness consultant Workplace Options.

The crisis also means more users and recovering addicts are among your pool of applicants and current staff. Do you know whether (and how) you must accommodate these people?

For starters, current illegal drug use is not protected under the ADA, so you can (and should) just say no to applicants who fail drug tests. However, recovering addicts are considered disabled under the ADA. That means you can't discriminate against them in hiring and must offer "reasonable accommodations" to allow them to perform the essential functions of the job.

Recently, the EEOC filed an ADA lawsuit...

To continue reading

FREE SIGN UP