Professional Transportation, Inc. (PTI), a nationwide transportation company based in Evansville, Indiana, has agreed to pay $60,000 to a job applicant and implement comprehensive policy changes to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC announced the settlement, highlighting PTI’s commitment to rectifying alleged violations of the Americans with Disabilities Act (ADA).
The lawsuit, initiated by the EEOC, stemmed from an incident in February 2019 at PTI’s Bluefield, West Virginia branch. A job applicant, recovering from opioid addiction, applied for a van driver position and received a conditional job offer. However, this offer was rescinded after the applicant disclosed she was undergoing Suboxone treatment. According to the EEOC, PTI’s human resources personnel, after reviewing potential side effects of Suboxone, disqualified the applicant solely based on her medication, without assessing whether she experienced any actual side effects. The applicant confirmed that she experienced no side effects and that her medication did not impair her driving ability.
The ADA explicitly prohibits disability discrimination in employment. This protection extends to individuals undergoing medical treatment for a disability, including prescribed medication, unless such treatment poses a significant risk of substantial harm in the workplace. The EEOC argued that Professional Transportation Inc. violated the ADA by disqualifying the applicant based on assumptions about her Suboxone treatment rather than an individualized assessment of her capabilities and potential risks.
The EEOC initially pursued a pre-litigation settlement through conciliation before filing the lawsuit (U.S. EEOC v. Professional Transportation, Inc., Civil Action No. 1:20-cv-00745) in the U.S. District Court for the Southern District of West Virginia. To avoid prolonged litigation and without admitting liability, Professional Transportation Inc. agreed to an early settlement.
Beyond the $60,000 financial compensation for the affected job applicant, the consent decree, approved by the federal court, mandates significant non-monetary relief. Professional Transportation Inc. is legally bound to prevent future ADA violations related to employees and applicants with substance use disorders, particularly opioid addiction, or those receiving treatment. Crucially, PTI is required to establish and implement new policies and procedures for individualized safety evaluations. These evaluations for workers on medication-assisted treatments like Suboxone or methadone must include interactive communication with the individuals, consultations with their healthcare providers, and be grounded in the most current medical and scientific evidence. The settlement also includes provisions for mandatory training, the appointment of an internal compliance monitor within Professional Transportation Inc., and regular reporting to the EEOC on compliance measures.
Debra M. Lawrence, EEOC Philadelphia Regional Attorney, praised Professional Transportation Inc.’s collaborative approach in reaching a comprehensive settlement. She emphasized that the newly implemented policies and procedures are designed to foster disability inclusiveness within PTI by ensuring fair and accurate safety assessments for both current employees and job seekers. Ms. Lawrence stated that these measures not only represent sound business practice but also demonstrate a genuine commitment from Professional Transportation Inc. to ADA compliance.
Jamie R. Williamson, EEOC Philadelphia District Director, highlighted the broader context of the opioid crisis, stating that gainful employment is crucial for addiction recovery. He affirmed the EEOC’s dedication to enforcing ADA protections for individuals in substance use disorder treatment, ensuring they have the opportunity to earn a living and experience the dignity of work.
The EEOC has made available numerous technical assistance resources to educate the public about employee rights, employer responsibilities, and the role of healthcare providers concerning opioid addiction and opioid medication use in the workplace. These resources include documents like “Use of Codeine, Oxycodone, and Other Opioids: Information for Employees” and “How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed.”
Eliminating barriers in hiring and recruitment is a key priority within the EEOC’s Strategic Enforcement Plan. This lawsuit was initiated by the EEOC’s Pittsburgh Area Office, part of the Philadelphia District Office, which oversees West Virginia, Pennsylvania, Maryland, Delaware, and parts of New Jersey and Ohio.
The EEOC’s mission is to ensure equal opportunity in the workplace by enforcing federal laws against employment discrimination. Further information can be found at www.eeoc.gov.
