CUMBERLAND COUNTY, Tenn — The Department of Justice said Wednesday they asked a court to approve a consent decree with Cumberland County to change its policies after the DOJ said a corrections corporal was forced to resign for taking prescribed medication to treat opioid use disorder.
The DOJ said Cumberland County violated the Americans with Disabilities Act in a complaint it filed. In it, the DOJ said the county did not make reasonable accommodations for the officer after he was prescribed medications for opioid use disorder.
In the complaint, it said the corporal was responsible for supervising around eight corrections officers as well as supervising inmates and managing security. It also said that the sheriff's office had a policy that prohibited employees from having controlled substances in their systems while at work or on duty.
The DOJ said in June 2016, a few months after he was promoted to corporal, the officer took a drug test. The complaint said it was negative for the 12-panel "drugs of abuse" screen but was positive for Bunavail, which was the medication he was prescribed to treat an opioid use disorder.
After the drug test, the complaint said that the corporal was placed on unpaid administrative leave.
"It has become necessary to place you on unpaid administrative leave until you are taken off your prescription…and pass a departmental drug test," the memo given to the corporal said.
The corporal then gave a copy of his prescription and a letter from his medical provider saying he has been compliant throughout their opiate recovery program.
However, according to the complaint, the sheriff's office insisted he stop using the medication. So, the lawsuit said he went through an outpatient drug treatment program and stopped taking Bunavail. He was able to return to work in mid-August 2016, according to the lawsuit.
However, while he was off Bunavail, he said it was "very difficult." His physician recommended he start taking OUD medication again in 2018, according to the complaint.
The corporal then took paid leave to take Suboxone as a trial run and returned to work in January 2018. He then had to take another drug test and it was positive for Suboxone, according to the complaint.
"And with respect to the positive test for Suboxone, he had a valid prescription," the DOJ said.
After the drug test, the complaint said the captain told the corporal "he was displeased that (he) had started taking Suboxone and that, as a result, he would need either to resign or be terminated for drug use. He also stated that if (he) did not resign and was terminated, (the captain) would tell future employers that he was terminated for a positive drug screen."
The corporal submitted a resignation letter on Feb. 1, 2018, according to the complaint.
"Defendant stated in writing that Complainant 'was given the choice to resign' and that it 'requested his resignation,'” the complaint said.
As part of the consent decree, which still needs to be approved by the court, the Department of Justice asked Cumberland County to pay $160,000 to the former corporal. The agreement also would require Cumberland County to take steps to make sure its policies are ADA-compliant -- including requiring the county to train employees about the ADA and how to provide reasonable accommodations.
“Employees with opioid use disorder or other disabilities should not face termination for taking lawfully prescribed medications needed to treat their disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department remains committed to ensuring equal employment opportunities for people with opioid use disorder and other disabilities.”
