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.
According to the EEOC's complaint, U.S. Steel violated the ADA when it required probationary employee Abigail DeSimone to submit to a random breathalyzer tests administered by a company nurse. When DeSimone tested positive for alcohol, she advised the nurse that she had not ingested any alcohol in the past month, and that her medical condition might have contributed to the positive test result. That same day, DeSimone's personal physician performed a blood alcohol test and obtained a negative result. Although the results were made available to U.S. Steel, the company refused to accept them. DeSimone was ultimately terminated for violating the company's alcohol policy.
Although in the early stages of litigation, this case could have far reaching consequences, as many employers utilize random alcohol testing. Additionally, this case underscores the fact that even though a practice is provided for in a collective bargaining agreement, that provision will not necessarily insulate an employer from potential legal claims.
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