Employer Settles EEOC Lawsuit Alleging It Wouldn’t Provide Accommodation for Drug Test

I don’t understand the logic when an employer insists that an employee or job applicant having urination difficulties still pee into a cup for a drug test–when there are other ways to accomplish the same objective.

But is apparently what transpired at North Carolina-based Xerox State Healthcare LLC, a healthcare company that offers healthcare program administration services for programs such as long-term care and pharmacy benefits management.

According to the Equal Employment Opportunity Commission, the company failed to grant an employee with a disability a reasonable accommodation which would have allowed her to complete the company’s required pre-employment drug screening.

In its complaint, EEOC alleged that Victoria Dozier, who is diagnosed with end stage renal disease and receives hemodialysis treatment as a result, received a written employment offer from Xerox Healthcare in September 2014.

The employment offer was contingent upon successful completion of a pre-employment drug screening. Although Dozier was willing to undergo drug screening, she informed both the company and the lab representative at the drug testing facility that her disability prevented her from providing a urine sample.

The complaint alleges Dozier also informed both Xerox Healthcare and the lab representative that her dialysis center would perform a different kind of drug test in place of the urine testing. Xerox Healthcare denied the request and Dozier was not hired.

In its complaint, EEOC alleges that Victoria Dozier, who is diagnosed with end stage renal disease and receives hemodialysis treatment as a result, received a written employment offer from Xerox Healthcare in September 2014. The employment offer was contingent upon successful completion of a pre-employment drug screening. Although Dozier was willing to undergo drug screening, she informed both the company and the lab representative at the drug testing facility that her disability prevented her from providing a urine sample. The complaint alleges Dozier also informed both Xerox Healthcare and the lab representative that her dialysis center would perform a different kind of drug test in place of the urine testing. Xerox Healthcare denied the request and Dozier was not hired. about the lawsuit and settlement.

Xerox has settled this apparent ADA violation for $35,000 and will make alterations its drug screening program so that applicants and employees are given a reasonable accommodation to meet those requirements.

Read more about the lawsuit and settlement here.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: