Common Myths/Mistakes in Employment Screening

Testing for Legally Prescribed Drugs Instead of Properly Managing Poor Performance


Jim Randisi, Randisi & Associates, Inc. recommends against an employer substituting a drug test for properly managing the poor performance of employees.

In my opinion, many are missing the point of a recent “court loss” experienced by an employer. The employer made the mistake of assuming that a positive test for certain legal prescription drugs indicated a safety risk and thusly poor performance.

Many employers avoid appropriately addressing poor performance because it is just easier to drug test the individual and get rid of them if the drug test is, hopefully, positive. In this case, a federal jury for the Middle District of Tennessee awarded employees who were fired for using legally prescribed prescription medications more than $800,000. ADA prohibits medical examination of employees unless it is “job related and consistent with business necessity.” In Bates, et al v. Dura Auto Systems (M.D., Tennessee, 2011), Dura Auto’s drug test checked for a list of prescription medications it believed created safety concerns. Several employees tested positive for these legally prescribed medications. The company insisted they either change medications or be terminated, and then it fired those who did not or could not change. The case is on appeal.

Jim Randisi, Randisi & Associates, Inc. helps employers protect workforce, clients and reputation through employment screening, drug testing and skills/behavioral assessments. He can be reached at either 410.494.0232 or jim@preemploymentscreen.com.

Information in this article is not intended as legal advice.