Almost everybody has been prescribed a drug at some point that contains a warning like: “may cause drowsiness”; or, “do not drive or operate machinery.” Thus, employers are rightfully wary about allowing employees to work while taking drugs that can affect performance. The Americans with Disabilities Act prohibits stereotyping of individuals with disabilities; and, prescription narcotics are often used by employees with disabilities. Thus, the ADA can create difficulties for employers seeking to balance their obligations under the ADA with their desire to mitigate risk.
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