Q&A: Guarantee ADA compliance with preemployment drug testing – Cyber Tech

Query: Now we have an applicant who failed a preemployment drug take a look at. They claimed it was due to a prescription, however now we have a zero-tolerance coverage. Do now we have to make an exception for them?

Reply: Not an exception to your coverage, however your drug testing procedures needs to be using a medical assessment officer (MRO) to assessment and consider the authorized use of pharmaceuticals. An MRO is a licensed doctor who will assessment the preliminary drug take a look at outcomes and out there info (resembling prescription drugs) and report drug take a look at outcomes to you solely after bearing in mind the medical circumstances of the person. If the drug take a look at is ruled by Division of Transportation (DOT) rules, an MRO is a legally required a part of the method. The Individuals with Disabilities Act (ADA) doesn’t take into account a take a look at for unlawful medication to be a medical examination; nevertheless, in case your drug take a look at end result is a “constructive” outcome as a consequence of an applicant’s use of authorized prescription medicine, excluding them from employment with out additional analysis could be a violation of the ADA.

Jury awards over $400,000 in prescription drug discrimination lawsuit
In a current case, an applicant who took prescription drugs for PTSD claimed she was denied employment primarily based on a failed preemployment drug take a look at. The candidate had tried to offer each the employer and the drug testing facility with a listing of her prescription drugs, however neither accepted that info from her. When her provide of employment was withdrawn, she filed a declare with the federal Equal Employment Alternative Fee (EEOC) who discovered her claims to have advantage and filed go well with in opposition to the corporate. After a years-long battle, a jury awarded $405,083 in damages to the candidate (EEOC v. The Princess Martha, LLC, MD Fla, Jan. 2026).

Medical Evaluation Officers present important legal responsibility safety for employers
An MRO can play a useful function in decreasing legal responsibility in company-required drug testing. Within the case described above, an MRO may have helped by reviewing the preliminary take a look at outcomes previous to releasing them to the employer. The MRO would have evaluated the prescriptions that the candidate was taking and decided whether or not the drugs brought about the preliminary constructive take a look at outcomes. If you happen to conduct drug testing in your candidates or staff, work along with your drug testing facility to make sure that they’re utilizing an MRO previous to releasing drug take a look at outcomes to you. In the event that they’re not utilizing an MRO, ask them or your native occupational drugs clinic for a suggestion.

Members, for extra info, see Vigilant’s authorized information, ADA and Prescription Medication or ask your Vigilant Regulation Group employment legal professional for help.

For non-members, in case you need assistance navigating points like these, study Vigilant membership right now and the way we assist you possibly can keep in entrance of employment points.

contact us