['Drug and Alcohol Testing']

09/27/2024

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Can an employer refuse to consider an applicant who applied previously and failed a drug test?

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Can an employer refuse to consider an applicant who applied previously and failed a drug test?

RegSense Drug and Alcohol Testing Drug and Alcohol Testing HR Generalist FAQ Best Results USA HR Management English Focus Area Human Resources

Be wary of adopting a policy that restricts candidates who fail drug tests from being considered for future employment for a certain period of time. The Americans with Disabilities Act (ADA) protects individuals who are in recovery from substance abuse. An individual who failed a drug test and successfully completes a rehabilitation program would be covered. If that individual reapplied for work at your organization and was not considered for the job, that would be a violation of the ADA.

['Drug and Alcohol Testing']

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