Smith Was an Employee of NYC Inc

question 24

Multiple Choice

Smith was an employee of NYC Inc. with a history of alcohol and drug abuse. Though he successfully completed rehabilitation, he frequently fell ill which caused him to be absent from work. The owner of the factory assumed that Smith had slipped back into drug and alcohol abuse and insisted that Smith undergo random testing each week. Smith filed a lawsuit in court alleging that the company's decision was discriminatory and violated the ADA. The court held that:

• A)ADA does not consider drug test to be a medical test.
• B)the factory practices violated Americans with Disabilities Act.
• C)under the ADA a drug test may be considered to be a medical test.
• D)the factory owner can conduct the test despite Smith's disapproval.

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