Medication Discrimination Lawsuit

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in a September 1, 2009 Press Release at http://www.eeoc.gov/press/9-1-09a.html that it filed a federal disability discrimination lawsuit against a contract manufacturer in Minnesota, alleging that the company violated federal law by its policies requiring employees to report their use of legal prescription medication.  According to the EEOC Press Release, EEOC attorneys charge in the lawsuit that the company fired a long time employee because he was taking a low-dosage, prescribed narcotic medication for back pain.  As indicated in the Press Release, EEOC attorneys contend that the company perceived the employee as being disabled solely because he was taking the medication, and failed to consider his ability to perform the job.  In addition, the EEOC lawsuit claims that the company required all employees to report whether they were taking any prescription or over the counter medication and this policy violates the Americans With Disabilities Act (ADA).  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination.  Further information about the EEOC is available at www.eeoc.gov .