EEOC’s 2021 Report, 2023 Budget’s Enforcement Increase and DOJ Issues Guidance on Opioid Addiction Regarding ADA

EEOC’s 2021 Report, 2023 Budget' Enforcement Increase and DOJ Issues Guidance on Opioid Addiction Regarding ADAIn the May 2022 HR Brief, we cover:

  1. EEOC’s 2021 Report and 2023 Budget’s Enforcement Increase
    • In 2021, the EEOC resolved over 100 discrimination-related lawsuits and obtained over $485 million in monetary benefits for more than 15,000 victims of employment discrimination.
    • Notably, the EEOC hired additional front-line staff, including intake staff, investigators, mediators and trial attorneys, after the agency’s staffing levels in 2020 had dropped to the lowest level in four decades.
  2. EEOC’s 2023 Budget Justification
    • According to the budget justification, the EEOC’s 2023 priorities focus on three broad areas: racial justice and systemic discrimination on all protected bases, pay equity and the civil rights impact of the COVID-19 pandemic.
  3. Drug Addiction as a Disability Under the ADA – Opioid Use Disorder (OUD)
    • The DOJ’s guidance explains that individuals with OUD typically qualify for ADA protection and individuals in recovery from drug addiction may also qualify for ADA protection.
    • The ADA’s protections do not apply if an individual is engaged in the “current illegal use of drugs.”

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