As long as they successfully completed a supervised drug rehabilitation program or are currently participating, employees and job applicants are protected under the Americans with Disabilities Act (ADA) based on past drug addiction. Various lawsuits have been filed by the Equal Employment Opportunity Commission (EEOC) against employers for discriminating against those who have been or are participants in supervised rehabilitation programs. In one such case, the EEOC is seeking back pay, compensatory and punitive damages and other relief for a former employee who was fired after a pre-employment drug and alcohol test came back with positive results. The employee became dependent on opioid pain medication after undergoing shoulder and arm surgery a few years before.
