Final answer:
The ADA allows employers to conduct drug screening during pre-employment and after hiring, as long as it is done in a non-discriminatory manner and results are kept confidential.
Step-by-step explanation:
According to Titles I and V of the Americans with Disabilities Act of 1990 (ADA), covered entities are prohibited from discriminating against a qualified individual on the basis of disability in all aspects of employment. However, the ADA does not prevent employers from conducting drug screens. The ADA allows for drug screening in various situations, including:
- Pre-employment drug screening is allowed as part of the job application process. However, all job applicants must be subjected to the same screening to ensure fairness and non-discrimination.
- Drug screening after hiring is also permitted, usually under certain conditions, such as reasonable suspicion, post-accident investigations, or as part of a random drug testing policy.
It is important to recognize that while drug screens are permissible, they must be administered in a non-discriminatory manner, and results must be kept confidential in accordance with the ADA.