Reasonable suspicion alcohol testing of a safety-sensitive employee who was injured in a bar fight and who took medical leave for “acute alcoholic pancreatitis” was upheld by a federal court in Indiana, even though the testing did not take place until the employee returned to work after his medical leave ended. Among other things, Plaintiff argued that the disclosure of his confidential medical diagnosis for the purpose of drug and alcohol testing and termination was a violation of the ADA. The Court disagreed, finding that the employer was concerned for the safety of Plaintiff and his co-workers, especially in light of the dangerousness of Plaintiff’s job. Given the evidence that the company was concerned with safety, and because the reason for the test was to ensure that Plaintiff was not working while impaired, the Court held that the alcohol test was not discriminatory.
Reasonable Suspicion Alcohol Test of Employee Was Justified After Bar Fight and Diagnosis of Alcoholic Pancreatitis
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