New ADA Opioid Addiction Guidance

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The Equal Employment Opportunity Commission issued new guidance which clarifies existing requirements related to opioid use and employment under the Americans with Disabilities Act (ADA).

ADA Protection for Opioid Users

Use of Codeine, Oxycodone, and Other Opioids: Information for Employees

This document states that current illegal drug use is not an ADA covered disability. But there are ADA rules that protect an individual from disability discrimination if they are:

• In recovery from opioid addiction
• Lawfully using opioid medication
• Receiving medication-assisted treatment for opioid addiction

Guidance is also provided for those employers who have a concern about their employee’s ability to safely perform their job and information about reasonable accommodations for those that legally use opioids.

Health Care Provider Information

How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed

This document provides:

• Patients’ workplace rights under the ADA
• Proper documentation for employers who need reasonable workplace accommodations for a patient using opioids
• Information to help employers determine whether an employee who uses opioids poses a workplace safety risk

For more information, download the bulletin.