The Equal Employment Opportunity Commission (EEOC) has been aggressively challenging employer policies and handling of drug screens, particularly those dealing with an employees lawful use of prescription drugs. As a result, lawsuits filed by the EEOC against employers has been on the rise. In EEOC v. Steel Painters, LLC, the organization sought a permanent injunction in federal court in Texas against the employer, challenging that the companys termination of an employee was unlawful. The employee was hired for a painting position, but after testing positive due to a prescription for methadone following pre-employment drug screening, was denied employment. The case is in the early stages of litigation. Similar lawsuits confirm that, while employers are permitted to drug test, they must be prepared to engage in a discussion about the use of prescription drugs.

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