Dear HR Executive,
If you test employees for illegal drug use, you probably have good reason. But be careful you don’t cast your net too wide.
A Michigan-based auto parts maker did, and got itself sued by the EEOC.
The company, Dura Automotive, tested employees for five controlled substances. But the test also detected seven more classes of legal prescription drugs.
Forbidden medical inquiries
Worse, the EEOC claimed, the employer forced employees to disclose the medical conditions for which they were taking the legal drugs, and agree to stop using them. The EEOC argued that there was no evidence any of these drugs were affecting job performance.
The EEOC suit accuses the employer of violating the Americans With Disabilities Act, which bars certain medical exams and inquiries.
Of course, testing for illegal drugs is not considered a violation of the ADA. Neither is asking employees about any current illegal drug use.
But if you do such tests or ask such questions, make sure your inquiries don't stray outside the legal framework. For more information on what's legal and what's not, check the EEOC's web page on medical inquiries and the ADA.
Dave Clemens
Editor-in-Chief
Human Resources Rapid Learning Center
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