let’s say a drug test comes home good because i will be lawfully utilizing medication that is opioid?

This guidance document ended up being given upon approval associated with seat associated with the U.S. Equal Employment chance Commission.

The articles with this document don’t have the potent force and aftereffect of legislation and therefore are perhaps not designed to bind the general public at all. This document is supposed simply to offer quality into the public regarding current needs under what the law states or agency policies.

The following concerns and responses through the Equal Employment chance Commission (EEOC) briefly explain these rights. These details just isn’t brand new policy; instead, this document is applicable maxims already created in the ADA’s statutory and regulatory conditions along with previously-issued guidance. The articles for this guidance don’t have the force and effectation of legislation and generally are maybe not designed to bind people at all. This guidance is supposed and then offer quality into the public regarding requirements that are existing what the law states. It’s also possible to have extra legal rights under other guidelines perhaps not talked about right here, like the Family and healthcare keep Act (FMLA) and state or regional laws and regulations.[2]

Disqualification from the Job

. Can I be immediately disqualified for the work because we utilize opioids, or because we utilized opioids in past times? The ADA enables companies to fire both you and simply take other work actions if there is no need performance or security problems.[3 against you predicated on unlawful usage of opioids, even] additionally, companies are permitted to disqualify you if another federal legislation calls for them to get it done.[4]

But because of opioid use without considering if there is a way for you to do the job safely and effectively (see Questions 4–13) What if I am in a MAT program for opioid addiction that requires me to take opioid medication if you aren’t disqualified by federal law and your opioid use is legal, an employer cannot automatically disqualify you? Continue reading