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A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. In Hartmann v. Graham Packaging, L.P., the plaintiff applied for the position, disclosing his use of prescriptions for opioids and other medications during his initial interview. A doctor provided a note that the medications would not create a safety concern. Although he passed the pre-employment drug test, the result was marked “safety-sensitive.” A second doctor’s note was provided, but the applicant was not hired. He asserted claims under the Americans with Disabilities Act and Ohio state law.

 

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Post By Ken Shafton (1,990 Posts)