EEOC issues guidance on opioids and ADA

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance on employee opioid use to help employers understand their rights and obligations under the Americans with Disabilities Act (ADA). The guidance doesn’t create new law. Rather, it’s the EEOC’s attempt to clarify and communicate employees’ rights under the existing law.

How bad is America’s opioid crisis?

It’s no secret America is in the midst of an opioid addiction crisis and has been for quite a while. In 2018, there were 128 opioid overdose deaths per day in the United States. A startling 21 to 29 percent of patients who are prescribed opioids (fentanyl, oxycodone, codeine, etc.) misuse them.

More than 2.9 billion opioid prescriptions were issued in the country between 2006 and 2018, according to the U.S. Centers for Disease Control and Prevention (CDC). In 2012 alone, more than 81 prescriptions were issued per every 100 persons in the country. The CDC has estimated the “economic burden” of prescription opioid misuse is $78.5 billion per year.

Impact on employers

The statistics show the sensitive—and very difficult—issue of opioid abuse will likely affect one or more of your employees. Two possible scenarios involving the drugs often arise in the workplace: