3.38 a. Medical Examinations and Drug Testing
| Library | Disability Law and Practice, Vol. 3 (NY) 2017 |
a. Medical Examinations and Drug Testing
Post-job offer, pre-employment medical exams may be required when relevant to job duties based on a bona fide occupational qualification (BFOQ) and if they are required for all applicants. However, drug testing is not considered a medical examination. Historically, the State Division of Human Rights has taken the position that an employer must show a relationship between a positive drug test and job performance in order to justify an adverse job action based solely...
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