Insurance company, EEOC resolve ADA suit over withdrawal of offer to recovering addict
United Insurance Company of America will pay $37,500 and furnish other relief to resolve an Americans with Disabilities Act lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of a recovering addict, the agency advised on January 23, 2012.
According to suit the EEOC filed in federal court in North Carolina, Craig Burns is a recovering drug addict who has been enrolled in a methadone treatment program since 2004 EDNC, No 5:11cv00430). In January 2010, United Insurance offered him a position as an insurance agent in its Raleigh office, conditioned upon his passing a drug test. After his drug test showed the presence of methadone in his system, the EEOC said Burns submitted a letter to United Insurance from his treatment provider explaining that he was participating in supervised methadone treatment program and taking legally prescribed medication as part of the treatment. However, upon receiving this information, the company notified Burns that he was not eligible for hire and withdrew its offer of employment, according to the Commission.
In addition to monetary damages, the two-year consent decree resolving the suit requires United Insurance to conduct training on an employer’s obligation to conduct an individualized assessment in determining whether an employee or applicant is disabled under the ADA; appropriate methods of determining whether an employee or applicant poses a direct threat under the ADA; and the obligation to engage in an interactive process under the ADA when an employee or applicant requests a reasonable accommodation. The company will also post a copy of its antidiscrimination policy at its headquarters in St. Louis.
“The ADA requires employers to make an individualized assessment of whether an individual can do the job rather than relying on fears or stereotypes,” advised Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District, which includes the Raleigh Area Office, where the original charge of discrimination was filed.



