Employment Law Questions? Ask an Employment Lawyer.
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Unfortunately no, there is nothing in the law that says that they must give you advanced warning of what will be tested for during such a test.
It's also not illegal for an employer to make employment decisions based on a BAT test during a pre-employment physical. The employer has that option and the law simply doesn't restrict the employer in that way. Unlike a prescription medication, where you could claim some sort of ADA discrimination, that does not apply here.
I wish I could tell you differently, but this is a very common place action across the employment field. While you've not experienced this with this particular employer before, it is well-settled law that employers can do so (they have been doing so for at least a decade now) and you may see this more often in the future.
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