Blanket bans on prescribed opioid treatment put employer in EEOC’s crosshairs

The Equal Employment Opportunity Commission (EEOC) has sued an employer for the second time alleging that it violated the Americans with Disabilities Act (ADA) when it rescinded job offers based on applicants’ use of certain medications.

Repeat offender

On September 30, 2026, the EEOC filed suit alleging that Bollinger Shipyards discriminated against five qualified applicants by withdrawing their job offers based on concerns over potential side effects of their prescription medication. Among other allegations, the EEOC claims the parent company’s HR director put a blanket ban in place on Suboxone use for “safety-sensitive” positions. Suboxone is used to treat opioid addiction to reduce opioid cravings and withdrawal symptoms.

The EEOC says each candidate completed a post-offer medical exam at a third-party clinic and disclosed lawfully prescribed medications. According to the agency, clinic personnel never checked whether the candidates actually took the medication during work hours, what side effects they experienced, or whether they could handle the safety-sensitive parts of the job. The EEOC also alleges that the examiners never marked any of these candidates as posing “a direct threat to themselves or others.”