EEOC Sues Car Company Saying It Withdrew Job Offer Because Applicant Used Prescription Drug

Employers have to make reasonable accommodations to their drug use policies just like any other policy that prevents a qualified employee with a disability from working.

That’s what the Equal Employment Opportunity Commission is alleging that a car dealership company in Scottsdale, Arizona, failed to do.

The EEOC filed this Americans With Disabilities Act lawsuit against the dealership, claiming it withdraw a job offer to a job applicant after a pre-employment drug test revealed she had used a prescription drug to treat a disability.

As the EEOC’s announcement of the lawsuit explained it:

[applicant] Thorholm explained to Bell Lexus that the substance was legally prescribed to treat a disability and would not affect her ability to perform the duties of the job. Bell Lexus refused both Thorholm’s offer of proof and her offer to change medications.

“Even when drug tests are permitted under the ADA, they cannot be used to discriminate against qualified people with disabilities,” said EEOC Phoenix Regional Attorney Mary Jo O’Neill. “Com­panies need to be mindful that they may need to make exceptions to drug use policies as a reasonable accom­modation.”


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