The EEOC has filed a lawsuit against U.S. Steel Corporation for violating the law when it began requiring probationary employees to take random alcohol tests. The company fired an employee as a result of one of the tests. The Americans with Disabilities Act (ADA) provides that once a person has been hired and started work, an employer generally can only require a medical exam such as an alcohol test if the employer has reason to believe the employee would not be able to perform a job successfully or safely because of a medical condition. Medical tests or exams are allowed if the employer needs medical documentation to support a request for an accommodation.
“Although an employer may, of course, prohibit the usage of illegal drugs and alcohol in the workplace and hold all employees to the same conduct and performance standards, the ADA strictly restricts workplace medical examinations, including breath alcohol tests,” said Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office. “An employer can only require an employee to submit to a medical examination such as an alcohol test if the examination is job-related and consistent with business necessity..."
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