Harrison v. Benchmark Electronics Huntsville, Inc.
United States Court of Appeals for the Eleventh Circuit
593 F.3d 1206 (11th Cir. 2010)
Harrison (plaintiff), a temporary employee encouraged to apply for a permanent role at Benchmark Electronics (BEHI) (defendant), tested positive for barbiturates on a routine preemployment drug test; his supervisor Anthony questioned him about the result, learned Harrison had a prescription, and then stayed in the room while Harrison explained to a medical review officer over the phone that he took the barbiturates to control epilepsy. Anthony then directed HR not to hire Harrison. Harrison sued under the ADA, claiming BEHI made a prohibited preemployment medical inquiry, and the district court granted BEHI summary judgment, reasoning employers may ask follow-up questions after a positive drug test; Harrison appealed.
Whether the Americans with Disabilities Act permits an employer to ask follow-up questions, prompted by a positive preemployment drug test, that are likely to elicit information about the applicant's disability.