News & Announcements

Pennsylvania Federal Court Dismisses EEOC Claim that Company Practice of Conducting Random Testing on Probationary Employees Violates ADA

Posted Thursday, February 28, 2013 3:52 pm

The United States District Court for the Western District of Pennsylvania recently granted an employer's summary judgment motion in a case the EEOC filed challenging the company's practice of conducting random drug and alcohol testing on probationary employees.

 

New employees are generally assigned to work in the coke production department, where they face numerous safety hazards and are required to wear heavy layers of protective equipment. In concluding that the company's practice of across-the-board medical screenings did not violate the Americans with Disabilities Act, the court reasoned that the testing policy was job-related and consistent with business necessity because it comports with the necessity of maintaining workplace safety. Probationary employees were charged with performing dangerous and safety-sensitive duties, and lapses in judgment could have catastrophic consequences. The limitation of the testing program to probationary employees was also justified, because these workers have not yet demonstrated that they can follow appropriate safety standards and adequately perform job duties on a daily basis. Untrained workers are inherently more dangerous than regular employees, the court reasoned, because they are not entirely familiar with the job and safety risks. Read more.

 

Feature of the Month:

Federal and State Employment Posters

Employers are required to post both federal and state employment posters in work areas that are conspicuous and accessible to all applicants and employees.  As a service to our members, HEC provides each member with one complimentary all-in-one poster that incorporates both the federal and state posting requirements for all employers.

Learn More

Subscribe to Our Training Events Updates

Subscribe to our training events notices to get in early on upcoming events.  Notices will arrive via email every Wednesday.

Back to top

Email Sign Up

Subscribe

If you are a member, please login below to manage your subscription. Otherwise, click "Continue to Subscribe"

Login

Continue to Subscribe

Subscribe

Fill out the fields below to receive HEC emails.


How did you hear about HEC?

I would like to receive the following:

HR News Digest (weekly)
Training Events Notices (weekly)