Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. The Court previously held that the pre-offer drug tests did, in fact, qualify as impermissible medical examinations that violated the ADA because each urine sample was tested for both medical reasons and for use of illicit drugs. After a bench trial, however, the Court awarded judgment to Defendants, holding that the evidence showed that the drugs tests “were proper drug screens” and did not constitute medical examinations under the ADA.The EEOC offered no evidence to contradict Defendants’ proffered reason for conducting the pre-offer drug tests, namely, to make employment decisions based on illegal drug use.

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