марта 4, 2013
The U.S. District Court for the Western District of Pennsylvania, in the Equal Employment Opportunity Commission's (EEOC) case against U.S. Steel Corp., ruled that random tests for alcohol can be performed on probationary employees who work in safety sensitive positions, and that doing so does not violate the Americans with Disabilities Act (ADA).
In the case, the EEOC argued that the company's policy of conducting breath alcohol testing at random on probationary employees could be considered a medical examination and that ADA restricts employers from requiring such exams unless it meets the standard of being "job related and consistent with business necessity."
Meanwhile, U.S. Steel held that its policy was lawful on several conditions, including that it was job related and consistent with business necessity, that it was part of a voluntary health and safety program negotiated and agreed upon with its union, and necessitated by the company's obligations under federal safety and environmental laws and regulations (Source: SHRM).
The court decision affirms that employers can take reasonable steps, including random alcohol tests, to keep workers safe on the job. Although, employers should proceed cautiously and still heed the EEOC's guidance regarding medical examinations under ADA.
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