A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can show that there is a clear business justification and medical necessity. In doing so, the court dismissed a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of an employee who was terminated when she obtained a false positive test result due to her diabetes medication. See Equal Employment Opportunity Commission v. United Steel, 2013 U.S. Dist. Lexis 22748 (W.D. Pa. 2013).
HR and legal considerations for employers regarding medical testing.