Human Resource Blog

Drug Free Policy In Massachusetts

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One of our best employees has rheumatoid arthritis and frequently takes drugs at work. We are a Massachusetts drug-free workplace. Is there any way to avoid firing her?

You wouldn’t fire a diabetic employee for taking insulin at work. And you wouldn’t fire a worker who took his blood-pressure medication on the job. It would be equally absurd to fire someone who took aspirin for a headache, or took her birth control pill in the break room or at her desk.

So the answer is a resounding “no,” you don’t have to fire her. Creating a drug-free workplace means stopping the use of illegal drugs or the abuse of legal ones. In short, if an employee has a valid medical reason for taking a drug, it is entirely acceptable in the workplace and you’re not obligated to fire him or her.

You’ve described this worker as one of your best employees. So it’s clear that her medications have had no effect on her performance. The medication is probably for pain control and the reduction of inflammation.

That is quite a bit different from using marijuana, cocaine, heroin, or other illegal substances on the job, or from abusing legal prescription drugs like amphetamines or Oxycontin.

You could request her to supply a statement from her doctor that says her condition requires that she take these medications.

Keep in mind, however, that you are not required to know what specific medical condition she suffers from. If she is taking her prescription according to directions, and the medication is prescribed by a doctor, it is outside your area of interest. And if you ask her for such a statement, fairness would require you to ask other employees as well.

If you find out about an employee’s medical, HIPAA protects her confidentiality. You cannot tell anyone else about her condition.

And remember that if you did fire employees for taking drugs they have a valid medical reason to take, you could be sued under the Americans with Disabilities Act, or the ADA.