Drug Screening Gone Wrong!
A recent settlement in Charlotte, North Carolina has resulted in a former job applicant receiving $35,000. Xerox Healthcare LLC hired an employee who went to complete a urine test. The urine test could not be issued because the applicant had a disability that would not let her conduct it. The company then refused any other type of drug screening, meaning the job was vacated. Read the full article via the Charlotte Observer.
Let Us Help!
The trick here is “reasonable accommodation”. Employers are required to provide “reasonable accommodation” when it comes to candidates urine, hair, saliva and/or blood testing. When issues arise where a candidate can’t or won’t provide a sample for testing, it’s absolutely essential for the employer to NOT have a blanket policy they blindly follow. They need to take it on a case by case basis, and get details of why, and consider whether or not it’s a legitimate medical issue causing the deficiency. That, in and of itself will determine can’t vs. won’t. If it’s a legitimate medical issue they would be well advised to work out a win-win solution, that includes holding the position open and making additional accommodations that the candidate can meet so the test can occur. It’s a fine line – but if it’s a legitimate medical condition then it’s a no-brainer. Somewhere behind that testing issue there should be a background company who offers a solution when these situations pop up! We don’t expect you to know everything when it comes to screening your employees, but under the safe hands of KRESS we will make sure you have the correct decision.