Employers’ Rights to Conduct Pre-Employment Testing Under the Americans with Disabilities Act

As our economy continues to rebound from the effects of what has been referred to as the “Great Recession”, we are witnessing an unprecedented increase in the number of people returning to the workforce in the service, construction and manufacturing industries.[1] With the dramatic increase in returning workers, we are also witnessing an increase in the number of employers implementing “Fit for Duty” pre-hiring testing of prospective and returning employees.