Employees fired for legally prescribed drugs

Many companies give new hires mandatory drug tests — it’s a smart way to maintain a safe workplace. Just watch what types of drugs you’re testing for.
That’s the lesson sure to be learned by a Tennessee auto parts supplier that’s currently fighting two disability discrimination lawsuits.
In the most recent case, brought by the EEOC, the agency is arguing the company tested for legal prescription drugs such as painkillers. According to the suit, the company fired or refused to hire people with “disabilities” (their prescriptions) and failed to keep information learned from the tests confidential, in violation of the Americans with Disabilities Act (ADA).
A previous suit was filed on behalf of seven employees by one worker who suffered from chronic back pain, depression and bipolar disorder, was fired after testing positive for “certain chemicals” (her prescription drugs).
She’d never been cited for safety violations, and, she’s arguing, the medicine didn’t affect her ability to work.
Courts will normally let companies use prescription medication as a reason not to hire someone only when there’s a reasonable belief it’ll affect the candidate’s work or cause a safety risk.
We’ll see what the judge says this time.
Cite: EEOC v. Dura Automotive Systems, Inc. and Bates v. Dura Automotive Systems, Inc.