Section 4 Post-Employment Testing

• Library: Employer-Employee Law 2008

Under the ADA, employers can prohibit the illegal use of drugs and the use of alcohol at the workplace. 42 U.S.C. § 12114(c)(1). Additionally, the ADA specifically states that employers can require that employees not be under the influence of alcohol or illegal drugs at the workplace. 42 U.S.C. § 12114(c)(2).

Further, employers are not required to lower their performance standards for employees who are alcoholics or engage in the illegal use of drugs, even if any unsatisfactory performance is caused by...