PA Court Upholds Ruling for Random Drug Testing
In Pennsylvania, the use of random drug testing hasn’t been deemed to violate any of the laws for the ADA (Americans with Disabilities Act). The United States District Court in PA upheld such a ruling for random drug testing to take place on new employees that are still in their probationary period. The EEOC claims that this is a violation of a person’s rights under the ADA.
Yet EEOC took it upon themselves to proceed in the courts with a class action lawsuit against the company. According to the position of the EEOC, such random drug tests aren’t valid because they should only be given when there is evidence that an employee is failing to meet the requirements of their job. The court felt that substance abuse occurring in such work conditions could be unsafe and they ruled in favor of the company and their random testing efforts.
According to the courts, the company was within the legal rights of the basic labor agreement laws. All parties involved including the employees of that company agreed that such random testing would be conducted for the overall safety of all employees.
Random Drug Testing
The courts also agreed that new employees can pose a higher overall safety risk for any company. Much comfort is derived from knowing your working partner showed up for work fit for duty. The random test is designed to protect workers, the company and, in some industries, uphold the safety of the public at large. An example might be nuclear power generation, or commercial trucking.
The court did address the ADA and some exemptions for medical reasons. Yet they feel those shouldn’t take precedence over the harm that could occur due to unsafe conditions.
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