Human Resource Blog

Drug Free Policy in Tennessee

One of our best employees has recently had surgery and frequently takes drugs at work. We are a

Tennessee drug-free workplace. Is there any way to avoid firing her?

There is nothing to worry about here. You don’t have to fire the employee. Drug-free workplace policies are meant to stop employees from using illegal drugs like cocaine, heroin, marijuana, and the like. They’re also meant to curb workplace abuse of some prescription drugs like Valium and Oxycontin.

The answer is a resounding “no,” you don’t have to fire this employee. In fact, you may run into problems with ADA, if you do.  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 would not fire an employee recovering from an ear infection who took antibiotics at work, would you? Of course not. The same situation applies here.

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.

Just to be on the safe side, you could request that she supply a statement from her doctor that says her condition requires that she take these medications. If you do so, however, you will need to do the same with any other employee who must take prescription medication.

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.

As an employer, you could even be sued under the Americans with Disabilities Act, or ADA, if you did fire someone taking a medication for a valid medical purpose. And consider too that there is confidentiality to consider. You need not even know what her medical condition is. But if you find out, HIPAA requires that you do not tell anyone else. JH