Question: In Harrison v . Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did
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 preemployment 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:
a employers are permitted to make preemployment medical inquiries prior to a conditional offer of employment
b nondisabled applicants are not protected from preemployment inquiries under the ADA
c the firm had a legal right to ask questions about the drug use, but not to inquire about disability preemployment
d 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
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