Beware of this ADA Trap in Your Hiring Process

February 5, 2010 by Tim Gould

Supervisors beware: Here’s new evidence of how easy it is to run afoul of the Americans with Disabilities Act (ADA) during the hiring process.
The case involves a temp worker for an Alabama electronics firm who applied for a permanent position with the company

As part of the pre-employment process, the applicant was required to take a drug test. The man suffered from epilepsy, which was controlled through a prescription for barbiturates.
Questionable questions

When his drug test came back positive for the drug, the man was called into his supervisor’s office. The applicant explained he had a doctor’s prescription for the barbiturates. The supervisor later sat in a room as a doctor asked the employee a series of questions about the medication and his condition.

After that discussion, the company canceled its job offer. The man sued, claiming the company violated the ADA during the testing process.

An appeals court agreed. Although employers have the right to ask questions about the results of a failed drug test, they’re prohibited from “targeted disability-related inquiries.” The doctor’s questions – posed in a situation where the supervisor could overhear the responses – violated that prohibition, the judge ruled.

Cite: Harrison v. Benchmark Electronics