In light of the NH Supreme Court’s Paine ruling, businesses would be well advised to:

• Recognize that a reasonable accommodation may include use of illicit drugs prescribed by a medical provider.

• Engage in an individualized interactive process whenever an employee requests a reasonable accommodation, which under state law may include job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

• Review policies on drug testing and ask whether those policies appropriately reflect the business’s values, hiring needs, and focus for policy enforcement.

• Review policies on off-duty conduct. As a business, do you want to be responsible for policing what happens outside of the workplace?

• Review job descriptions for every position and carefully calibrate what is considered an essential function of the job.