New EEOC Guidance Explains ADA Protections For Opioid Users

The rise in opioid use and addiction in the United States has raised complicated issues for employers.  On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing guidance on employers' obligations under the Americans with Disabilities Act (ADA) related to opioid use among employees. The ADA protects employees from termination and other adverse actions based on qualifying disabilities, and it requires that employers provide reasonable accommodations for employees with qualifying disabilities. The EEOC's new guidance makes clear that legal use of opioids and treatment for past opioid addiction qualify for ADA protection.

According to the guidance, an employee may be entitled to ADA protections if they are taking prescription opioids like oxycodone to treat pain (either because the medical condition causing the pain qualifies as a "disability" or because the medication itself interferes with the employee's