Which of the following best describes the ethical and legal considerations when applicants who test positive for illegal drug use are screened out of a job immediately during the hiring process?

• A. Employers are required to hire applicants regardless of drug test results.
• B. Immediate exclusion may violate the Americans with Disabilities Act if the applicant is in a rehabilitation program.
• C. Screening out applicants for drug use is always legal and never raises ethical concerns.
• D. Drug testing is not regulated by any federal laws in the United States.

Answer: (B)

Verified step by step guidance

1. Step 1: Understand the context of drug testing in employment, which involves both ethical and legal considerations to protect applicants' rights and employers' interests.
2. Step 2: Recognize that the Americans with Disabilities Act (ADA) provides protections for individuals who are recovering from drug addiction, particularly those in rehabilitation programs, meaning immediate exclusion without consideration may violate this law.
3. Step 3: Identify that employers are not required to hire applicants who test positive for illegal drug use, but they must follow legal guidelines to avoid discrimination, especially regarding disabilities and rehabilitation status.
4. Step 4: Note that drug testing is regulated by federal laws, such as the ADA and other employment laws, so the statement that drug testing is unregulated is incorrect.
5. Step 5: Conclude that the best description is that immediate exclusion may violate the ADA if the applicant is in a rehabilitation program, highlighting the importance of balancing legal compliance with ethical treatment of applicants.