Recent federal guidance reminds employers that workers with opioid use disorder (OUD) who are in treatment or recovery are protected from employment discrimination under the Americans with Disabilities Act (ADA).

"The opioid epidemic continues to pose an extraordinary challenge to communities across our country, and the COVID-19 pandemic has exacerbated this crisis," said Kristen Clarke, assistant attorney general for the Department of Justice (DOJ) Civil Rights Division. "People who have stopped illegally using drugs should not face discrimination when accessing evidence-based treatment or continuing on their path of recovery."

The guidance is a reminder to employers that OUD is considered a disability under the ADA and that employers may need to make certain accommodations, said Marissa Mastroianni, an attorney with Cole Schotz in Hackensack, N.J.

The ADA prohibits businesses with at least 15 employees from discriminating against workers with disabilities and requires employers to explore reasonable accommodations that would help covered workers perform the essential functions of their jobs.

The DOJ noted on April 5 that the guidance is "part of the department's comprehensive response to the opioid crisis, which promotes prevention, enforcement and treatment."

The guidance aims to reduce the stigma associated with OUD and provide protections for employees who seek appropriate treatment, according to Adam Sencenbaugh, an attorney with Haynes Boone in Austin and San...

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