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5 February, 09:28

Smith was an employee of NYC Inc. with a history of alcohol and drug abuse. Though he successfully completed rehabilitation, he frequently fell ill which caused him to be absent from work. The owner of the factory assumed that Smith had slipped back into drug and alcohol abuse and insisted that Smith undergo random testing each week. Smith filed a lawsuit in court alleging that the company's decision was discriminatory and violated the ADA. The court held that:

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  1. 5 February, 10:27
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    Answer: ADA does not consider drug test to be a medical test.

    Explanation:

    Under the ADA, an employer is allowed to demand a candidate or current employee to undergo a drug test to determine whether or not they use illegal drugs. The ADA won't obstruct, nor require drug tests. However, although an employer is not allowed to demand a medical examination, drug tests are not regarded as such, so they can be required by the employer.
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