QUESTION
How can I keep being denied a job, because I''m in recovery and being prescribed Methadone by a law abiding physcian?
Asked on Sep 10th, 2011 on Labor and Employment - West Virginia
More details to this question:
When I take a Pre-Employment Drug Screen, I test positive for Methadone and NO ONE will hire me. I have been on umemployment for almost 2yrs now, my medication is prescribed by a physcian and I take it exactly to my physcian''s specs. I just don''t understand, since it''s a prescription medicine can employers legally REFUSE to hire me because they don''t agree with the type of medication that I''m prescribed?
2 ANSWERS
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Methadone is a controlled substance. So is oxycontin and similar drugs, all of which are prescribed by licensed physicians for a variety of conditions. However, all of these drugs show up on a drug test and the test can be reported as a "confirmed positive" by the Medical Review Officer. The employer can refuse to hire you if the drug test is reported back as a "confirmed positive."
Answered on Sep 12th, 2011 at 3:41 PM
Labor and Employment Attorney serving Atlanta, GA
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Under the Americans with Disabilities Act, it is unlawful for an employer to discriminate against an employee or applicant on the basis of the applicant's disability. A person is considered disabled if they have an actual disability, a history of a disability, or are considered by others as "disabled." Addiction to drugs (but not active drug use) is a disability under the ADA. Thus it is illegal for an employer to refuse to hire you because you have a history of disability. It is illegal for an employer to ask you whether you have a history of drug abuse before the employer has made a conditional job offer. If the employer rejects your job application, or withdraws a job offer the employer is violating the law. To find a remedy you have to file a charge of discrimination with the EEOC not later than 180 days after the employer denied you the job.
Michael A. Caldwell
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Answered on Sep 11th, 2011 at 1:56 AM