Employers must conduct individualized assessment under ADA

A recent decision from the Southern District of Ohio highlights the importance of conducting an individualized assessment before taking adverse action against an individual who takes opioids.

Facts

Raymond Hartmann interviewed with William Russell, a production manager at Graham Packaging Company, L.P., to discuss an available production specialist position. The position required operating a forklift and other heavy machinery.

During the interview, Hartmann filled out a job application and provided Russell a letter from his doctor stating he was prescribed opioids to treat a pinched nerve and there were no concerns regarding his ability to perform his duties while taking the medications.

A few days later, Graham offered Hartmann a job, conditioned on the completion of a physical and drug test. He accepted the offer and completed the physical and drug test at a nearby hospital. Although the results of the drug test were negative, the words "safety sensitive" were written on the side of the report. When a company representative reached out to the hospital to learn more, she was told that the results were marked as such because of his opioid medications.

After internal discussions about Hartmann’s test results, the company informed him it needed a new letter from his doctor, who issued two new letters. One pertained to his Adderall prescription and the other to his narcotics regimen. The substance of the narcotics letter mirrored the letter he had previously provided.