Drug Test Follow-Up Questions May Violate the ADA

Online Exclusive: Circuits Affirm Right of Non-Disabled Individuals to Sue for Improper Medical Inquiry

Businesses should strictly limit the follow-up questions they ask on pre-employment drug tests or risk violating the Americans with Dis-abilities Act (ADA), the 11th Circuit recently ruled.

This is where BEHI may have crossed the line between permissible and impermissible questioning, says Ani Satz, an associate professor at Emory University School of Law. "Providing a prescription may have been sufficient [to determine that Harrison was legally using the drugs]. [The employer] can't ask whatever you want because this could be a disability-related inquiry. Typically, you don't think of that coming up in the context of a drug test."

The tipping point for the 11th Circuit judges may have been Anthony's presence in the room when Harrison discussed his drug test results with the MRO.

Constance Sommer

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