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Jan 28, 2010

Medical questions after pre-offer drug test may violate ADA

Harrison v. Benchmark Electronics Huntsville, Inc., 11th Cir, Jan. 2010).

Tips: Notice of a positive drug test result should go directly to the MRO. If the MRO determines that a legitimate prescription caused the positive result, then you should be told the test result was negative, with no other details. You can make the job offer conditional on resolving any safety concerns expressed by the MRO. For more information, check out our Legal Guide, “ADA: Post-Job-Offer Medical Exams” (3175).

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.
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