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
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Tags: ADA, American, Americans with Disabilities Act, court decisions, epilepshy, Harrison v. Benchmark Electronics, pre-employment process
February 12th, 2010 at 3:21 pm
Although I can grasp the concept behind the ruling, I question where the liability exposure will rest if the individual has a seizure – will he injure himself and hold the employer responsible? Will he injure someone else and the employer again is responsible? At what point does the employer have protection against claims and lawsuits if they cannot make responsible decisions to afford protection to the employee, other employees and the company itself?
February 12th, 2010 at 3:34 pm
It is odd that the writer of this piece states that the ADA contains a “trap” for employers and that supervisors should “beware”. The ADA is no different than any orther employment law in the sense that employers need to understand the law and abide by it. This could have been a great article about following the law in the hiring of people with disabilities, instead it implies the law is bad for employers and sheds a negative light on the person with the disability. The employer was not traped by the law, but instead clearly violated the potential employee’s rights as a qualified job applicant. Also epilepsy is misspelled in the tags for the article, and it is not proper disability etiquette to say that someone “suffers from” the condition. Next time try “the man has epilepsy”.
February 13th, 2010 at 12:18 am
What part of “controlled by” don’t you get?
February 14th, 2010 at 9:45 pm
I would like to send Kudos to Bob Kibler for your response to the article and respond to the question of employer liability. If the person was a good enough employee to hire on a temp basis without the fear of exposure to accidents, I would assume that the epilepsy was under control. I would also caution HR Professionals that many people without epilepsy have the potential to experience seizures. Please do not let the presumption of a potential incident prevent you from selecting qualified candidates.
February 15th, 2010 at 11:32 am
Amen to Bob Kibler! Individuals with epilepsy or other disabilities make great employees! I also agree with Aaron Hilliard. You should not be so presumptive of a potential incident that would prevent the hiring of someone who is genuinely qualified.
Shame on the writer!
Ann Smith
May 19th, 2010 at 4:53 pm
Traped, you say? Let he who is without typos cast the first stone. Also, I am sick to death of people being so thin-skinned on others’ behalf! If I want to say someone suffers from a condition I damned well will do so. I suffer from several disabilities, but I would never take umbrage at someone describing me as such. Get a life, Kibler! (Keebler?)