Do you have employees who are required to drive as part of their duties? What should you do if they start taking prescription painkillers? Do you have to still let them get behind the wheel in order to avoid an Americans with Disabilities Act (ADA) claim? Or can you fire them for not being able to perform the essential functions of the job?
Case in Point: Driving was an essential function of the job for Douglas Quinney, an account manager for a Coca-Cola distributor in Utah. However, Quinney suffered severe back pain and took several prescription painkillers, including Lorcet, Oxycontin and Duagesic patches.
One day, a co-worker reported Quinney was overusing his pain medicine. The company had a safety policy that prohibited employees from driving company cars while under the influence of legal or illegal drugs that could impair their driving. The company gave Quinney a drug test, which showed positive for Hydrocodone, a ...(register to read more)