A temporary staffing agency based in Baltimore has agreed to pay $50,000 to resolve claims that it refused to hire an applicant because of her participation in a methadone treatment program.
Randstad, US, LP entered into the agreement to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging that its actions violated the Americans with Disabilities Act.
Randstad had identified April Cox as a qualified applicant for a production laborer position at one of its clients. When it asked her to provide a urine sample for a drug test, she informed the company that she was participating in a methadone treatment program. According to EEOC, Randstad told Cox it would not hire her because she used methadone.
The EEOC sued on her behalf and the parties agreed to settle the claims for $50,000. In addition to the monetary settlement, Randstad also agreed to change its policies, train employees responsible for pre-employment drug screenings and file regular reports with the EEOC.
“While employers may conduct pre-employment drug tests for illegal drug use, medically prescribed methadone is a well-known and effective treatment for individuals recovering from drug addiction,” Spencer H. Lewis, Jr., an EEOC district director, said in a press release. “Thus, employers violate the ADA if they refuse to hire a qualified applicant based on fears or stereotypes about an applicant’s disability or medically supervised drug rehabilitation.”
The EEOC has taken enforcement action against employers for similar alleged violations in the past. In 2008, Longview Fibre Paper and Packaging Inc. agreed to pay $175,000 after the commission alleged that it withdrew a job offer from an engineering aide after it learned he used methadone to manage pain from a spinal injury. Three years later, Hussey Copper paid $85,000 for refusing to hire an applicant when it determined during a physical examination that he was participating in a methadone treatment program. And in 2012, United Insurance Company of America paid $37,500 to settle an EEOC suit alleging that it failed to hire an applicant who was a recovering drug addict after a drug test revealed that he was using methadone.
For more information on pre-employment medical exams and tests, see ¶230 in the ADA Compliance Guide. For more information on recovering drug addicts and the ADA, see ¶237-2.