EEOC Sues to Protect Recovering Addict

As the U.S. Equal Employment Opportunity Commission’s fiscal year was coming to a close, the agency filed a slew of discrimination lawsuits. One that caught my eye involves an employer that allegedly rescinded an offer of employment once it found out the individual was using prescription drugs to treat his prior heroin addiction.

Wait a minute! Can’t you terminate someone who has abused drugs?

Not so fast.

Prior drug addiction can be a “disability”

Under the Americans with Disabilities Act,  an individual with a disability is a person who:

  1. Has a physical or mental impairment that substantially limits one or more major life activities;
  2. Is regarded as having such an impairment; or
  3. Has a record of such an impairment.

Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an “individual with a disability.” However, the ADA does protect a former addict in recovery. That’s because the individual has a record of an impairment (i.e., the addiction to drugs). If that individual presently uses prescription drugs to treat for the prior addiction, well, for ADA purposes that’s no different that someone who uses prescription drugs to control high blood pressure.

There’s still an underlying disability protected under the ADA.

So, focus on the underlying disability and the ability to perform the essential functions of the job.

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It should come as no surprise that the EEOC has sued a Maryland employer for allegedly revoking an offer of employment upon discovering that the individual is a recovering drug addict (who has not used illegal drugs and has been enrolled in a supervised medication-assisted treatment programs since 2010), and currently takes prescription drugs to treat the underlying drug addiction.

You can read the EEOC’s press release here. And here is a copy of the complaint.

Now, remember that there may be any number of legitimate reasons why the employer actually rescinded the offer. Still, this lawsuit serves as a wakeup call to employers to tread carefully when considering an employment action involving an individual who has a history of drug use, but may now be clean and sober.

This article first appeared on The Employer Handbook.

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Eric B. Meyer, Esq. gets companies HR-compliant before the action sequence. Serving clients nationwide, Eric is a Partner at FisherBroyles, LLP, which is the largest full-service, cloud-based law firm in the world, with approximately 210 attorneys in 21 offices nationwide. Eric is also a volunteer EEOC mediator, a paid private mediator, and publisher of The Employer Handbook (, which is pretty much the best employment law blog ever. That, and he's been quoted in the British tabloids. #Bucketlist.