The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it sued a Louisiana-based marine services company for disability discrimination in violation of the Americans with Disabilities Act (ADA). In summary, the complaint alleged that the employer withdrew its offer of a marine electrician position after the applicant revealed, as part of a company-ordered medical examination, that he had attention-deficit/hyperactivity disorder (ADHD) and took prescribed medication (Adderall) to treat it. The urgent care clinic that conducted the medical examination determined that the applicant was "fit for duty” with the restriction that he could not take the “safety sensitive” Adderall medication before his work shift.
According to the Centers for Disease Control, ADHD is one of the most common neurodevelopmental disorders of childhood and often lasts into adulthood. For adults with ADHD, the symptoms can cause difficulty at work, at home, or with relationships and can become more severe when the demands of adulthood increase. Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD) estimates that 10 million adults have ADHD. ADHD is considered a disability under the ADA, and is protected when it interferes with a person’s major life activities, including their ability to work.
The EEOC contends that the employer failed to make any individual assessment of the applicant’s Adderall medication use or whether it would affect his ability to safely perform the essential functions of the marine electrician position, and instead relied on general stereotypes about disability and medication use to justify its decision not to hire him in violation of the ADA. The lawsuit seeks remedies against the employer, including reinstatement, backpay and punitive damages.
Takeaway
When an applicant or employee discloses a disability and/or the use of prescription medicine, employers should conduct an individualized assessment with the applicant or employee to determine:
- Whether the disability is covered under federal and state anti-discrimination law;
- Whether the applicant or employee is qualified to perform the essential functions of the job with or without reasonable accommodation; and
- What (if any) accommodation is reasonable via an interactive process.
The EEOC provides information about disability discrimination at https://www.eeoc.gov/eeoc-disability-related-resources. HEC Members may visit our Disability resource page, contact your HR Consultant, or call our hotline at 808-836-1511 with any questions.