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. This law prohibits employers from discriminating against individuals with disabilities and requires that employers accommodate employees' disabilities, unless doing so would cause the employer an undue hardship. To be entitled to ADA protection, the employee must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation. He or she must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that the employee must be able to perform on his or her own or with the help of a reasonable accommodation.