In a recent electronic alert from Barran Liebman, Iris K. Tilley writes that employers must be cautious when working with employees with an admitted drug addiction and who have sought treatment.
The alert refers to a case in Utah where William Fowler, a man working in a college mail-room as a supervisor, became addicted to prescription drugs after a number of back surgeries. He told his employer about his addiction and was subsequently given short-term disability to receive treatment for his addiction.
Issues arose after his supervisor reportedly “scrutinized his work heavily,” “downgraded his work space,” and provided him with a poor review despite great feedback from his co-workers. The college eventually terminated Fowler after claiming that a drug test (which he agreed to take) revealed excessive drug use.
Tilley writes that while the court neglected to claim whether or not “excessive use of prescription drugs is illegal use under the ADA” it noted that in this case the “college failed to even show that Fowler’s prescription drug use was excessive or inconsistent with his prescription since the drug test did not show how much of a drug was taken.” As a result Fowler was given $300,000.
Employers must be considerate and cautious while managing employees who have admitted an addiction and are seeking or have sought treatment. An example of this caution, Tilley notes, would be to not start bringing up performance issues if they have gone unaddressed in the past.
Fowler agreed to the drug test, but it “failed to even show that … [the] drug was was excessive or inconsistent with [the] prescription.” This just simply is not the type of evidence an employer wants to utilize when terminating an individual. Employers must closely consider the facts-at-hand when considering the option to terminate an employee.
For more information on human resource consulting or employer programs, contact Xenium HR at 503-612-1555 or visit www.xeniumhr.com. This article is intended as information only and is not a substitute for legal advice. Xenium HR is a professional employer organization specializing in strategic HR partnership with small and mid-sized businesses in Portland, Oregon.
