Watch out when testing employees for drug use. You could run afoul of the Americans With Disabilities Act.

That’s what happened to a concrete products company in Braselton, GA.

A lab technician had been prescribed a drug to treat her bipolar disorder, and one day at work she had a bad reaction to the medication.

Mandatory drug test
The employer made her take a drug test, and fired her when the medication was found in her system. The EEOC sued for disability discrimination, and the company agreed to settle the litigation for $50,000.

Remember: Under the ADA, you can inquire about prescription drug use, or test employees for it, only if you have good reason to believe the drug is:

  • impairing the person’s ability to do the job, or
  • causing someone to endanger their own safety or that of co-workers.

Cite: EEOC v. Dayton Superior Corp.

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