Tuesday, February 10, 2015

ADA Duty to Accommodate Applies to Drug Testing

The EEOC recently announced a six-figure settlement and consent decree with Kmart in a case that underscores the importance of considering the duty to provide reasonable accommodations in every aspect of employee relations.  According to the EEOC's press release, the case involved a job applicant's claim that a medical condition prevented him from providing a urine sample for a mandatory pre-employment drug screen, and that he was not offered the opportunity to submit to alternative methods of testing.  EEOC also obtained significant injunctive relief though the settlement, designed to ensure that reasonable accommodations (such as the option to submit to blood, hair, or saliva testing) are made available where medically necessary.

--Jonathan Nadler

--Jon Nadler

No comments:

Post a Comment