Applicant’s failed drug test leads to questionable inquiries
Abstract: When a temporary employee failed a drug test after applying for a tech position, he was questioned by the Medical Review Officer in the presence of a supervisor. The applicant’s claim that the test results were based on an allowable prescription passed muster, and the MRO cleared the tech. But the supervisor told HR not to prepare an offer and instructed the temp agency that the tech was not to return to the company. The tech sued, claiming that the company had made an improper pre-employment medical inquiry. An appeals court explained why he was right.