Q & A – What should I do if an employee reapplies after being terminated for testing positive?

Q: What should I do if an employee reapplies after being terminated for testing positive?

A: This is an unsettled issue.  Employers who automatically screen out candidates for this reason could be sued for disability discrimination.  The employee may argue that the employer is assuming an addiction and regarding him or her as disabled.  Or, if the employee is a former addict having undergone rehabilitation, the employee may allege that the employee is discriminating based on the employee’s “record of” a disability.  The facts of a particular situation should be reviewed with legal counsel prior to making a decision.  ​