Wacheske & Luzi Attorney Jesse R. Dill was recently quoted in Human Resource Executive Online in an article about the current opioid addiction issues facing our country and our workforce. A summary is below with a link to the article here.
Where employers risk legal problems is in being too quick to terminate an employee for testing positive for prescription opioids, says Jesse Dill, a senior attorney with Walcheske & Luzi in Brookfield, Wis., who frequently counsels clients on the legalities of workplace-drug policies. Although 65 percent of respondents to the NSC survey consider abuse of prescription opioids a justifiable reason to fire someone, Dill cautions that doing so may get an employer in hot water.
“If a drug test results in a positive determination that there is a legal substance in the system, it may have been prescribed for a protected reason under the ADA,” says Dill. “Rather than reacting with discipline, the employer may be required to engage in an interactive process to see if a reasonable accommodation can be provided.”