In Harrison v$.$ Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so$,$ and took a pre$-$employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:$$

$$because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

$$employers are permitted to make pre$-$employment medical inquiries prior to a conditional offer of employment

$$non$-$disabled applicants are not protected from pre$-$employment inquiries under the ADA

$$the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre$-$employment