Southeast ADA Center
2010
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In November of 2005, Aerotek, a company that assigns temporary workers to work at Benchmark Electronics Huntsville, Inc. (BEHI), assigned John Harrison to work at BEHI as a debug tech. At the time BEHI had a practice of screening temporary employees for potential permanent employment. If a supervisor believed that a temporary employee would meet BEHI’s needs, he would invite that employee to submit an application for employment and complete the necessary drug testing and background check.
On May 19, 2006, Harrison submitted an application for permanent employment, at the request of his supervisor, Don Anthony. Along with his application, he consented to a drug test. In July 2006, Anthony called the director of BEHI’s human services department to get the requisitions for three permanent positions. He identified Harrison as the only person he was interested in employing. After corporate approved Anthony’s requisitions, he asked Harrison to take the drug test. Harrison was at no time informed that his performance was deficient or that he had an attitude problem.
In July, 2006 BEHI’s human resources department was notified that Harrison’s drug test came back positive and was awaiting review by a Medical Review Officer (MRO). Anthony was notified to send Harrison to the human resources department, but was not told by human resources that Harrison’s drug test was positive. However, Anthony discovered the results of Harrison’s drug test and informed Harrison of the positive results. Harrison responded by noting he takes a prescription medication. Anthony then called the MRO and passed the phone to Harrison, who answered a series of questions about the medication. The MRO asked him how long he had been disabled, what medication he took, and how long he had taken it. Harrison told the MRO that he had epilepsy and he took the barbiturates to control it. Anthony remained in the room during Harrison’s call with the MRO and heard his responses to the questions.
Later in July, the human resources department was informed that Harrison’s drug test had been cleared and that he was cleared for hire, which Anthony was made aware of. However, Anthony told human resources not to prepare an offer letter for Harrison and asked Aerotek not to return Harrison to BEHI. In August of 2006, Aerotek informed Harrison that he would not be returning to BEHI, because he had a performance and attitude problem, and because he had been accused of threatening Anthony. Harrison was then fired from Aerotek.
On September 26, 2006, Harrison filed a complaint with the EEOC alleging various violations of the ADA. The ADA regulations in effect at the time required that the effect of mitigating measures, such as medication, be considered when determining whether the person was substantially limited in a major life activity and thus qualified as a person with a disability as defined under the ADA. The EEOC determined that he did not have an ADA-defined disability, and it did not investigate an improper medical inquiry claim. The EEOC dismissed his claim and gave notice of his right to sue under the ADA on February 7, 2007.
https://adasoutheast.org/court-decisions/harrison-v-benchmark-electronics-huntsville-inc-behi
Keywords: employment, legal concepts, medical inquiry