EEOC issues new opioid guidance for patients and providers

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance explaining nondiscrimination and reasonable accommodation provisions of the Americans with Disabilities Act (ADA) that apply to people “not engaged in the current illegal use of drugs” who are qualified for employment. The documents, “Use of Codeine, Oxycodone, and Other Opioids: Information for Employees” and “How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed,” underscore the rights of people who are using opioids, are addicted to opioids or were addicted to opioids in the past but are not currently using drugs illegally.     

An overview of the national EEOC ADA research project

The authors outline the development and scope of the National EEOC ADA Research Project which resulted from a cooperative agreement between the Equal Employment Opportunity Commission and Virginia Commonwealth University. Research questions, the EEOC database, extraction of study data, limitations of the data, the organization of research teams, and the contents of this special issue of WORK are described.     

Workplace discrimination and disfigurement: the national EEOC ADA research project

Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with disfigurement is documented. Key dimensions of workplace discrimination involving Americans with disfigurement and persons with missing limbs are compared and contrasted. Specifically, the researchers examine demographic characteristics of Charging Parties; the industry designation, location and size of Respondents/employers; the discrimination Issue (i.e., type of adverse action) alleged to occur; and the legal outcome or Resolution of these allegations. Charging Parties with disfigurement who are female or between 30 and 39 years of age are more likely to encounter employment discrimination than their counterparts with missing limbs. Harassment and Non-wage Benefits are the Issues that emerge in higher proportion. Allegations derived from persons with disfigurement are more common in among mid-size employers, those located in the South, or those in Retail or Service industries. Following investigation, allegations derived from persons with disfigurement are less likely to have Merit Resolutions than those brought by Charging Parties with missing limbs.