I’ll have one more for the road….
As part of its stepped-up enforcement process, the EEOC has recently filed a lawsuit under the ADA stemming from an employer’s administration of an alcohol test to an employee. http://www.eeoc.gov/eeoc/newsroom/release/10-5-10.cfm .Challenging the practice of U.S. Steel to administer random breath analysis tests to probationary employees, the EEOC takes the position that such tests run afoul of the Americans with Disabilities Act. Consistent with prior EEOC guidance materials (http://www.eeoc.gov/policy/docs/medfin5.pdf), the Commission takes the position that alcohol tests are medical tests and are therefore limited by the ADA. The facts of the U.S. Steel case appear somewhat tilted against the employer in that the employee allegedly had a medical condition that caused a false positive test result – a fact borne out by a confirmatory blood alcohol test. Given that the ADA does not protect employees under the current influence of drugs or alcohol, the policy issues involved in this debate may prove interesting.
Chris Parker, Member
cparker@millermartin.com | 404-962-6456
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About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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