DRUG SCREENING - continued Prohibiting Off-Duty Alcohol Consumption by Alcoholic Employees Violates ADA, Says EEOC
Blanket policies prohibiting alcoholic employees from consuming alcohol permanently – whether on-duty or off-duty – violate the Americans with Disabilities Act (ADA), according to the Equal Employment Opportunity Commission (EEOC) in an informal discussion letter dated August 28, 2014.
The representative of a union whose members are employed by a public utility that operates nuclear power plants regulated by the U.S. Nuclear Regulatory Commission asked the EEOC whether it is lawful for an employer to require employees who are alcoholics or perceived to be alcoholics to permanently abstain from drinking alcohol on and off the job as a condition of continued employment.
The union and the employer entered into a ―two strikes and you are out‖ agreement that provided that the employer would conduct certain types of drug and alcohol tests of all employees and could discharge any employee after a second confirmed positive alcohol test at work. The employer also imposed an additional requirement on employees who were referred (or referred themselves) to the Employee Assistance Program for alcohol counseling: to permanently abstain from drinking on and off the job as a condition of being granted or maintaining security access.
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Workforce Drug Test Positivity Rate Increases for the First Time in 10 Years The percentage of positive drug tests among American workers has increased for the first time in more than a decade, fueled by a rise in marijuana and amphetamines, according to an analysis of 8.5 million urine, oral fluid and hair workplace drug test results released today by Quest Diagnostics (NYSE: DGX), the world‘s leading provider of diagnostic information services.
The Quest Diagnostics Drug Testing Index (DTI) shows that the positivity rate for 7.6 million urine drug tests in the combined U.S. workforce increased to 3.7 percent in 2013, compared to 3.5 percent in 2012. The relative increase of 5.7 percent year-over-year is the first time the positivity rate for combined national workplace urine drug tests has increased since 2003. Quest Diagnostics has analyzed annual workplace drug testing data since 1988.
The 2013 Drug Testing Index analyzed urine, oral fluid and hair drug tests performed by Quest Diagnostics workplace drug testing laboratories across the United States.
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