The Department of Justice (DOJ) announced Wednesday that it had filed a complaint and proposed a settlement of its first Americans with Disabilities Act (ADA) discrimination claim involving an employee with “opioid use disorder” (OUD).
The employee was allegedly discriminated against by his employer, a sheriff’s department in Tennessee.
“The lawsuit alleges that the County Sheriff’s Department discriminated against a correctional officer on the basis of his disability, opioid use disorder (OUD), by failing to make reasonable accommodations to permit his continued employment while taking prescribed medication for OUD,” the DOJ said.
The Complaint
A consent decree was issued this week, pending court approval, where Cumberland County will implement policies and procedures regarding non-discrimination in employment. It also requires the county to train personnel on Title I requirements of the ADA and requires payment of $160,000 to the former correctional officer.The suit was a result of a referral from the Nashville Area Office of the U.S. Equal Employment Opportunity Commission, which the DOJ says conducted the initial investigation.
The department had a policy of having employees notify the if they were legally taking medication that could affect “their ability to work.” The suit claimed shortly after he began working at the department, he notified his supervisor he was taking medication-assisted treatment (MAT) to treat his OUD.
The supervisor allegedly failed to notify his own supervisors, and when he tested positive for the MAT during a 2016 drug test, he was placed on unpaid administrative leave.
The memo given to the employee notifying him of the action stated, “It has become necessary to place you on unpaid administrative leave until you are taken off your prescription … and pass a departmental drug test.”
The employee allegedly provided a written letter from his medical provider stating he had been in the opiate recovery program since 2014 and was in compliance at the time.
The county acknowledged in writing that he had taken the appropriate step of notifying his supervisor of his treatment, but the department still insisted upon him taking unpaid leave and for him to cease taking the medication, per the lawsuit.
At the direction of his employer, he completed an outpatient drug treatment program, which he successfully completed, and stopped taking the medication, according to the suit.
He was allowed to return to work in mid-2016 after passing a drug test, but found it difficult by 2017 to remain off MAT, which his physician then suggested he resume taking.
He informed his supervisor he was resuming MAT in late 2017-early 2018. He again informed his supervising sergeant, and he was given a drug test in which he voluntarily disclosed his taking of Suboxone.
The suit said a few days later, the department said as a result of taking Suboxone, “he would either need to resign or be terminated for drug use.” The suit added if he did not design, the sheriff’s department would tell future employers he was “terminated for a positive drug screen.”
He submitted his resignation as he said he felt he had no other choice and did not want future references to be told he tested positive on a drug test. He filed a complaint with the EEOC shortly after, which began investigating the incident and led to the DOJ suit.
First Such OUD Discrimination Settlement
In April 2022, DOJ’s Civil Rights Division issued guidelines to employers, healthcare providers, and law enforcement agencies that operate jails and others that they would be in violation of the ADA if they discriminated against people for taking prescriptions such as Suboxone to treat OUD. The department said the policy was not new but noted it was clarifying the guidelines and enforcing violations.“People who have stopped illegally using drugs should not face discrimination when accessing evidence-based treatment or continuing on their path of recovery,” Assistant Attorney General Kristen Clarke said in a statement.
DOJ considers someone with OUD to have a disability if they are no longer engaging in illegal drug use.
“People with OUD typically have a disability because they have a drug addiction that substantially limits one or more of their major life activities,” DOJ guidelines said. “Drug addiction is considered a physical or mental impairment under the ADA ... Drug addiction occurs when the repeated use of drugs causes clinically significant impairment, such as health problems and or an inability to meet major responsibilities at work, school, or home.”
