TBA Law Blog


Posted by: Kate Prince on Jan 19, 2023

A former Cumberland County correctional officer who was forced to resign for taking medicine to treat his opioid use disorder will receive $160,000 in back pay and damages if a judge approves a landmark consent decree, the Associated Press reports. It is the first time the U.S. Department of Justice has used the Americans with Disabilities Act to settle a claim that an employee was discriminated against for taking a prescribed medication to treat drug addiction. Less than a year ago, the Justice Department’s Civil Rights Division issued guidelines advising that employers, health care providers, law enforcement agencies that operate jails, and others are violating the ADA if they discriminate against people taking prescription medications to treat opioid use disorder. In addition to the back pay and damages, the county has agreed to revise its employment policies and implement training around ADA compliance.