District Court Rejects The EEOC's Disability Discrimination Claim And Rules That Random Alcohol Tests Do Not Violate The ADA

In a unique case, the U.S. District Court for the Western District of Pennsylvania recently dismissed the EEOC’s allegations that the Defendant’s random drug and alcohol testing of probationary employees violated the ADA. The decision in EEOC v. United States Steel Corp., No. 10-CV-1283 (W.D. Pa. Feb. 20, 2013), is striking in its even-handedness while, at the same time, is a vital point of reference for employers accused of discriminating through the use of medical examinations. 

In Seyfarth Shaw’s EEOC-Initiated Litigation book (discussed here), we noted that the proportion of ADA claims filed in 2012 more than doubled from claims filed in FY 2011. Considering the large number of ADA cases brought by the EEOC in 2012, we predicted that we will see a significant crop of federal court decisions addressing ADA issues in 2013. To that end, Judge Nora B. Fischer’s ruling in EEOC v. United States Steel Corporation kicks off 2013 and is a significant blow to the EEOC’s disability discrimination litigation agenda.

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