EEOC suit alleges hiring bias against applicants in drug treatment

The U.S. Equal Employment Opportunity Commission has filed suit against a wood products company for allegedly refusing to hire applicants who are undergoing treatment for addiction.

The EEOC said in a statement Wednesday that in June 2017 Clearfield, Pennsylvania-based Appalachian Wood Products Inc., a major supplier of cabinet components to the kitchen and bath industry, refused to hire an applicant for a factory position because he was taking medically prescribed suboxone, a medication used in drug addiction treatment.

The EEOC said since at least October 2016, the company has unlawfully barred job applicants from certain positions if they were taking prescribed medications such as suboxone or methadone for drug addiction treatment without evaluating whether the medications affected their ability to perform the job safely.

The lawsuit, which charges the company with violating the Americans with Disabilities Act, said Appalachian also unlawfully required applicants to disclose their use of medications prior to making conditional offers, then refused to hire them for certain jobs, or assigned them to less desirable positions based on their answers to these illegal medical inquiries.

Debra M. Lawrence, EEOC regional attorney in Philadelphia, said in the statement, "Federal law prohibits employers from subjecting applicants to pre-job offer medical exams or inquiries, and strictly regulates post-offer medical examinations, so that applicants can be fairly evaluated on their actual qualifications.

"Employers risk violating the law if they make employment decisions based on unfounded fears or generalized assump­tions about an applicant or employee's disability or the possible effects of their medical treatment."

A company spokesman could not immediately be reached for comment.