Attributed to employees use of illegal and prescription drug

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Reference no: EM132300109

A manufacturing firm received reports of drug and alcohol abuse by its employees. The factory had experienced some property damage and a few workplace accidents that the company attributed to employees’ use of illegal and prescription drugs. The company began to test employees for a range of substances found in illegal drugs as well as in prescription medications packaged with warnings about operating machin-ery. The latter included opiates lawfully prescribed to lessen the pain associated with various back and other conditions. Employees whose positive drug test results were due to prescription painkillers were not questioned about their underlying medical conditions, but were told to immediately stop their use of the drugs or face termina-tion. After retests came back positive for a number of these employees, the company terminated them pursuant to its “blanket policy” of terminating employees who test positive for such medications. This blanket policy did not accept as valid notes from physicians saying that the employees were able to operate equipment safely. The employees sued under the ADA. Is a drug test of this type a medical exam? Why or why not? If it is, does the use of this medical exam violate the ADA? Why or why not?

Reference no: EM132300109

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