Test for illegal drugs OK under ADA — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Test for illegal drugs OK under ADA

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in Human Resources

Q. Our company wants to begin screening applicants for illegal drugs. Can we make job offers conditional on the results of a drug test? —K.P., Louisiana

A. Yes. In general, under the ADA, an employer may not conduct a “medical examination” before making an offer of employment. However, tests for illegal drugs are not considered medical examinations under the ADA and may be administered as permitted by other state or local law. Because pre-employment drug screening is not prohibited under the law, you don't need to wait until you've made the offer to conduct the screening.

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