EEOC: Employers have no right to ask what prescription drugs employees are on

Even if they’re operating heavy machinery, and even if the drugs are of the type that make users drowsy, twitchy or agitated. It’s all part of the ban on employee medical inquiries under the Americans with Disabilities Act, and the Eighth Circuit has backed up the agency’s position that questions do not become permissible until the employer has in hand objective evidence of impairment, the sort you can take to a judge. Evidence like, you know, there having been a serious accident. I explain at Cato at Liberty.

Comments are closed.