Problem with Background Checks

Phoenix attorney Shayna Balch was featured in "Problem with Background Checks" in the July 12 issue of the Arizona Business Gazette. Shayna said that the Americans with Disabilities Act makes it illegal for employers to discriminate against individuals with past drug addictions as long as they are no longer using. However, she pointed out that an employer may decline to hire someone for a safety-sensitive position. Whether a position is safety-sensitive and whether the individual poses a risk must be determined on a case-by-case basis.