| Methadone Patient Wins $37,500 Hiring Discrimination Lawsuit |
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| Thursday, 26 January 2012 00:00 | |||
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| Methadone Patient Wins $37,500 Hiring Discrimination LawsuitBy Mike Holter
(LEGAFI) -- A national insurance company has agreed to settle a disability discrimination lawsuit filed on behalf of a recovering drug addict who was denied a job because he was taking methadone. According to the disability discrimination lawsuit, United Insurance Company of America discriminated against the applicant, Craig Burns, who is a recovering drug addict who has been enrolled in a methadone treatment program since 2004. In January 2010, United Insurance offered Burns a position as an insurance agent on the condition he passed a drug test. When Burns’ drug test showed the presence of methadone in his system, Burns submitted a letter to the company from his treatment provider explaining that he was participating in supervised methadone treatment and taking legally prescribed medication as part of the treatment. After receiving this information, United Insurance notified Burns that he was not eligible for hire and withdrew its offer of employment. Such conduct violates the Americans with Disabilities Act (ADA), which protects employees and applicants from discrimination based on their disabilities. The U.S. Equal Employment Opportunity Commission (EEOC) filed the lawsuit on Burns’ behalf after first attempting to reach a pre-litigation settlement through its conciliation process. Under the settlement agreement, United Insurance will pay Burns $37,500 and furnish other relief to resolve the methadone disability discrimination lawsuit. United Insurance will sign a two-year consent decree that requires United Insurance to conduct training on, among other things, 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. United Insurance will also post a copy of its anti-discrimination 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,” said 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. “We are pleased that, in resolving this case, United Insurance is taking action to ensure that it fulfills its obligations under the ADA.”
Updated January 26th, 2012 All updates are located in the Lawsuit News section of Legafi. LEGAL INFORMATION IS NOT LEGAL ADVICE ©2011 Legafi® Various Trademarks held by their respective owners. Legafi® is a Registered Trademark of Top Class Actions LLC
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(LEGAFI) -- A national insurance company has agreed to settle a disability discrimination lawsuit filed on behalf of a recovering drug addict who was denied a job because he was taking methadone.
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