Yes, employers can — and should — enforce drug policies that prohibit employees from working under the influence of drugs that impact performance and safety, even if the substances are legally prescribed prescription drugs. However, there is another a caveat to even the most black-and-white policies employers must keep in mind.
That caveat involves the intersection of the ADA’s reasonable accommodation process with a company’s drug policy. And a recent lawsuit highlighted how strictly following a policy without first considering the ADA’s implications can come back to haunt a company in a big way.
A 20-year veteran worker