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ARTICLE · 31 MARCH 2011

EEOC Takes Aggressive Stance Against Random Alcohol Testing Policies

Barnes & Thornburg LLP
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The Equal Employment Opportunity Commission (EEOC) recently filed suit against U.S. Steel Corporation alleging the Company’s random alcohol testing policy—authorized by a collective bargaining agreement—violates the Americans with Disabilities Act (ADA).

United StatesEmployment and HR
Barnes & Thornburg’S Labor & Employment Group
Barnes & Thornburg’S Labor & Employment Group
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The Equal Employment Opportunity Commission (EEOC) recently filed suit against U.S. Steel Corporation alleging the Company's random alcohol testing policy—authorized by a collective bargaining agreement—violates the Americans with Disabilities Act (ADA). Unlike testing for the current use of illegal drugs, alcohol testing is considered a medical exam under the ADA. Further, the ADA permits medical exams only when "job-related" and "consistent with business necessity." This means a medical exam—such as an alcohol test—is only permitted when employers have a reasonable belief that a particular employee will be unable to perform the job or will pose a direct threat due to a medical condition.

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