North Carolina Medic Who Failed Drug Test Alleges it was Lawfully Prescribed Meds

A North Carolina paramedic who was terminated after failing two successive drug tests, has filed suit alleging the fire department ignored the fact that he was lawfully taking prescribed medications, failed to accommodate his disability, and violated the Americans with Disabilities Act. Anthony Davidson was a paramedic for the Otway Volunteer Fire and Rescue Department, Inc.

Davidson, a Marine veteran, suffers from a variety of disabilities including PTSD, panic disorder, major depressive disorder, and neck and back disabilities, all of which date back to his military service. His conditions were well managed through medication allowing him to perform the essential functions as a paramedic. In fact, he was awarded Provider of the Year honors in 2023.

That all changed following a drug screen in January, 2024. Quoting from the complaint:

• Otway Fire Department was aware of Davidson’s record of disability….[and] of Davidson’s Medications.
• Davidson took his Medications in accordance with all Otway Fire Department policies.
• With the help from his medication, Davidson’s performance as a paramedic exceeded his supervisors’ expectations.
• In or around January 2024, Otway Fire Department subjected Davidson to a urine drug test.
• The urine drug test returned a positive result for opioids.
• Davidson’s First Positive Drug Test was caused by Davidson’s prescribed Oxycodone.
• Upon information and belief, under Otway Fire Department’s policy governing the use of prescription drugs by paramedics, a paramedic is allowed to take prescribed benzodiazepines and prescribed narcotics (Oxycodone) if the medication is taken outside the paramedic’s shift and no less than twelve hours prior to the start of the paramedic’s shift.
• Davidson had not taken the medications which caused Davidson’s First Positive Drug Test during his shift.
• Davidson had not taken the medications which caused Davidson’s First Positive Drug Test during the twelve hours preceding his shift.
• Davidson had complied with Otway Fire Department’s protocols for Davidson’s First Positive Drug Test.
• Oxycodone is an opioid which can be detected in a urine drug test for up to four days after its last use.
• On or about January 14, 2024, Davidson met with his supervisors to discuss the positive drug Test.
• During the January 14 Meeting, Davidson informed McCormick and Stephenson of the legal prescriptions of his Medications.
• Davidson informed McCormick and Stephenson that his Medications would cause a positive urine test result for several days after his last use.
• During the January 14 Meeting, Davidson requested from McCormick and Stephenson that he be provided an accommodation, including alternative means of drug testing that would better reflect when his last use of his prescribed medication occurred.
• After Davidson’s First Request for Accommodations, Otway Fire Department did not offer a reasonable accommodation for the urine test.
• After Davidson’s First Request for Accommodations, Otway Fire Department did not engage in an interactive process to find a reasonable accommodation.
• On or about April 2024, Otway Fire Department again subjected Davidson to the same type of urine drug test that Davidson had previously told McCormick and Stephenson would return a positive result.
• The drug test returned a positive result for opioids and benzodiazepines.
• Davidson had not taken the medications which caused Davidson’s Second Positive Drug Test during his shift.
• Davidson had not taken the medications which caused Davidson’s Second Positive Drug
• Test during the twelve hours preceding his shift.
• Davidson followed the protocols governing paramedics’ use of prescription medications at the time of Davidson’s Second Positive Drug Test.
• Xanax is a benzodiazepine which can be detected in a urine drug test for up to four days after its last use.
• An individual who takes Xanax may test positive for benzodiazepine even if the individual did not take Xanax on the day of the drug test or during the twelve hours preceding the drug test.
• On or about April 19, 2024, Otway Fire Department sent a letter to Davidson stating that, “you are hereby suspended from your duties, effective immediately, without pay.
• This suspension will remain in place until the board of directors convenes to assess your employment status with the Otway Volunteer Fire and Rescue Department, Inc.”
• On or about April 23, 2024, Otway Fire Department sent a letter to Davidson stating that, “[t]his letter serves as a formal notification of the termination of your employment with the Otway Volunteer Fire & Rescue Department, Inc., effective immediately.”

The suit alleges discrimination and failure to accommodate under the Americans with Disabilities Act.