The EEOC filed a notice of appeal on April 22, 2013 concerning the dismissal of its suit challenging U.S. Steel’s random alcohol testing program for probationary employees.  A federal district court in the Western District of Pennsylvania ruled on February 20th that U.S. Steel’s random alcohol testing program did not violate the Americans with Disabilities Act.  EEOC v. U.S. Steel Corp., No. 10-1284 (W.D. Pa. Feb. 20, 2013).  For a complete discussion of the court’s decision, see the article on our website, “Random Alcohol Testing Policy Found Job-Related, Consistent with Business Necessity, Did Not Violate ADA” (Mar. 18, 2013).

Employers who conduct random alcohol testing – particularly those in industries where employees perform dangerous job duties – are watching this case closely.  Many employers utilize random drug and alcohol testing as a safety measure in dangerous workplaces.  Alcohol tests differ from drug tests, however, because they are medical tests under the ADA, meaning that they must be “job-related and consistent with business necessity.”  The EEOC argued that because alcohol tests are medical tests under the ADA, they are permissible only when there is individualized reasonable suspicion of a particular employee, and that generalized concerns about safety do not satisfy the ADA’s requirements.  The federal district court disagreed, finding that the extremely hazardous environment at U.S. Steel justified the testing, and that random testing serves a “unique deterrent effect.”  The court observed that “to survive a hazardous work environment that includes molten hot coke, toxic waste products, and massive moving machinery, employees must be alert at all times. No level of intoxication is acceptable on the job.”

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Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as…

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as substance abuse management and marijuana laws’ impact on employers.

Kathryn helps clients navigate workplace problems involving drugs and alcohol. She regularly works with corporate counsel and human resources executives to develop substance abuse policies to comply with federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as state and local drug and alcohol testing laws and marijuana laws in all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Kathryn also advises employers on leave and disability management issues arising when employees seek leave or other accommodations related to substance abuse rehabilitation.