In addition, all levels of staff involved in the hiring process should be trained in ADA-related policies. The ADA requires that medical records be kept separate from any other personnel information. While drug tests are allowed under the ADA at any point in the application or employment process, existing drug testing programs may require modification. It should be noted also that tests for the illegal use of drugs may also reveal the presence of lawfully used drugs. Current employees returning to work from disability leave may require a reasonable accommodation.
Special issues arise where the return to work involves workers' compensation.
Supervisors must be adequately trained on how to handle employees returning to work under these conditions. All rights reserved.