Drug testing is a process by which a biological specimen is technically analyzed to determine the presence or the absence of a particular parent drug or the drug’s metabolites. Drug testing is applied in the detection of performance enhancing steroids in sportsmen, the screening of drugs, which are prohibited by law by the employers, and testing of the presence and concentration of alcohol in a person’s blood (testing for blood alcohol content).
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When the defendant sought clarification on whether individuals must be disabled for them to pursue the claim under 12112(b) (6) and this issue was certified for appeal (UNITED STATES COURT OF APPEALS, 2014). Consequently, it was held the non-disabled individuals could not pursue the claims of 12112(b) (6) of the act.
In my opinion, the reasoning for the decision was accurate as the disabilities act included in subsection (b) (6) could only afford individuals with disabilities the sovereignty to be protected from discrimination regarding the qualification standards among and other tests, which can be predicted after the disabled people have been screened.
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Diagnosics, Q. (2015). Reasonable Suspicion Drug Testing. Retrieved from Quest Diagnostics: http://questdiagnostics.com/home/companies/employer/drug-screening/testing-reasons/reasonable-suspicion.html
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