Alabama-based Outokumpu Stainless USA pulled a man's job offer after learning he takes the prescription anxiety medication Xanax. The Equal Employment Opportunity Commission sued the company accusing it of violating the Americans with Disabilities Act.
McClatchy News contacted attorneys representing the company for comment on Dec. 21 and didn’t immediately receive a response.
“This requires consideration of the most current medical knowledge or best available objective evidence, often including discussion with the applicant or employee or the prescribing physician, to determine how the medication affects the applicant and whether it actually causes any unsafe side effects during working hours,” Rucker added.
After receiving the job offer, his hiring was contingent on passing a physical exam and a drug screening conducted by a third-party company, the Occupational Health Center, the EEOC said.Then, Outokumpu “relied” on the health center’s opinion as to whether the man could perform the job safely while being prescribed the medication and rescinded his job offer, the complaint states.
“Employers may not rely on assumptions to medically screen out qualified applicants, but, instead, must consider whether a reasonable accommodation would permit the applicant to perform the job,” Anderson added.In addition to paying $49,000 to settle the lawsuit, Outokumpu agreed to take action in an effort to prevent future disability discrimination, the EEOC said.
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