With reports showing that one out of every three people in the U.S were prescribed an opioid drug in 2015, and medical marijuana now legal in 46 states, the number of frequent opioid users continues to steadily climb as the years progress.
With this rising trend of prescription drug use, more and more businesses must now ask themselves whether the use of opioids is something they can tolerate in their workplaces, while yet others face discrimination lawsuits for rejecting a candidate for their drug use.
As with most things in today’s changing business climate, the waters are still muddy over the specifics of what’s considered a company’s right, or mere discrimination. But when it comes to the sensitive subject of employee opioid or marijuana use, there are a few “best practice” tips to help your company stay within their rights.
For Opioid Users
While the law states that a candidate does not have to disclose any prescription drug use to an employer unless desired, many companies are encouraging employees and candidates alike to be open about any opioids they’re taking.
The problem with this recommended disclosure? What to do if you discover an employee is indeed using prescription drugs.
As demonstrated by the Equal Employment Opportunity Commission (EEOC) discrimination case against an employer who denied an applicant due to their daily prescription of Suboxone, there are a few things a court looks for to determine the validity of a company’s right to not hire an opiate-using applicant – the largest of which by far being medical evidence.
To properly deny a candidate work, employers must first look at the specific drug being used. Are there any impairing side effects? Could these side effects be potentially unsafe or slow company efficiency while performing the job in question? Could the worker be simply given a different task that their opioid use wouldn’t impact?
All these questions must be asked, thoroughly researched, and answered by a licensed medical professional, and what’s more, documented in-depth. Anything less or a simple opinion would be considered discriminatory and unfounded in court.
For existing employees whose work is found impeded by opioids, an employer should always first assess if the employee could be reassigned to a different job within the company before considering termination.
For Marijuana Users
As medical marijuana is considered a prescription drug under the state laws of those who’ve legalized it, the decision process for an employee or applicant would be similar to that of an opioid user.
However, if operating in a state where marijuana is not legalized or for employers with drug-free workplace policies, as marijuana is still federally recognized as an illegal drug, it is within an employer’s right to deny a marijuana user work without question.
Regardless, as this trend of prescription drug use is only a growing and likely reality for many businesses in the future, employers would be wise to prepare themselves now for what’s to come, and should always reach out to an HR professional regarding any questions on how the situation may apply to their company.
(This information was taken from this article, by Richard D. Alaniz.)
