ADA Applies to Employees in Opioid Treatment, Not Illegal Drug Use

New EEOC guidance for employees and health care providers on opioid addiction and employment addresses how the Americans with Disabilities Act protects employees who use legal opioid medications or have past opioid addictions. Current drug users are not protected by the ADA, however, employees who participate in a Medication Assisted Treatment program for opioid addiction are protected. While employers are allowed to terminate employees for illegal drug use, the ADA protects those employees who once use opioids or were once addicted to opioids but do not use the drugs illegally. If you’re concerned about an employee’s ability to perform certain aspects of their job or the risk they pose due to treatment for opioid addiction, keep reading for details on how you can mitigate those risks.