A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to whether the parties participated in the interactive process in good faith and whether the applicant’s opioid use rendered him unsafe to perform the job. Hartmann v. Graham Packaging, L.P., No. 1:19-cv-488 (S.D. Ohio January 25, 2022).
Hartmann applied for a job as a forklift driver. He used prescription opioids for pain relief, along with several other medications, which he disclosed during his initial interview. The employer asked him to provide a doctor’s note that the use of his medications would not create a safety concern. The applicant’s doctor provided such a note.
The applicant subsequently passed the pre-employment drug test, but the test result was marked “safety-sensitive.” The applicant was asked to provide another doctor’s note, which he did. The second doctor’s note was substantially similar to the first one. The parties disagreed as to what the second note was supposed to address. The employer discussed the matter further with the applicant and ultimately did not hire him because his medications were a “safety hazard.”
The applicant asserted claims under the Americans with Disabilities Act and Ohio state law. Both parties moved for summary judgment.
The applicant argued that he was “regarded as” disabled by the employer. The employer argued...
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