More details to this question:
I went to lunch with a co worker who was being watched by the cops because he was supposed to meet a dealer but the dealer was pulled over and told a city worker was coming to meet him several hrs later i went to lunch with this co worker not knowing he was being watched when we returned from lunch he was approached and told he had to take a drug test moments after they told me the same thing which i didn't understand why unfortunately we both failed the test and were told to resign with the condition of getting another opportunity to get our jobs back in 6 to 12 months. Last month the co worker (white) was given his job back because his mom works for the mayor in city hall and is also good friends with the mayors sister I'm Hispanic with no such connections. They made me feel like i was the one a the city vehicle going to meet the dealer. My boss told me he would have rather me get the job but it wasn't his call knows it not fair. All my former co workers believe its cause im spanish
1 ANSWER
Were either you or the coworker addicted to drugs or alcohol and no longer are?
The Rehabilitation Act of 1973 and the Americans with Disabilities Act as Amended protect employees who were addicted but no longer abuse drugs or alcohol.
If the coworker put on his application that he has a disability such as drug abuse but no longer uses them they had to hire him if he met the qualifications to do the job. That is confidential. You will never know that. If that's what he did the risk is that if they do a drug test which comes back positive in the future he will be fired.
If the above applies to you then you can request an accommodation as a disabled person under those facts but dont ne surprised if you are randomly tested much more than any other employee who never abused. Good luck. Interesting question.
Answered on Aug 10th, 2018 at 5:16 AM