If you want to start working a dream job and you get an offer,but you have to pass a drug test, you are probably wondering what you should do about the prescription medications you use.
Even though you are happy because you will get the job you always wanted, if you make a mistake and test positive, you will lose this valuable job offer,and other employers will have issues with you in the future.
According to federal regulations and laws, you do not have to stop taking certain medications if you do it under professional supervision. If you are wondering what you should do for passing a urine and hair drug test, you should visit the link we shared with you.
However, you will have to disclose some information and sacrifice your privacy so that you can provide to your employer information on why and what you are taking.
Employers Have the Reasons to Be Concerned
We all know that prescription drug use is common, and in most cases, it can cause more harm than good especially if you are addicted to it. For instance, more than 60% of American adults take some prescription medications,and the popularity rose among young adults in the last few years too.
The use of opioids is also common,and according to the American Academy of Pain Medicine, more than 100 million Americans suffer from chronic pain issues. The main reason why employers fear is that some medications could impair a worker’s ability to safely work which means that they are potential risks for others.
However, negative employer’s decision based on fear and bias of disabled people is illegal according to ADA act.
Can You Lose Job Due To Legal Use of Prescription Medications
According to federal EEOC (Equal Employment Opportunity Commission), the idea is to avoid discrimination due to the usage of certain medications for chronic pain and other health issues.
An employer cannot terminate contract especially because the employee has to get an opportunity to say the reasons for drug use and to provide medicinal records that will help them make up mind.
According to a lawsuit that happened in 2016, Casino owner decided to refuse a hire of a job applicant that suffers from chronic pain.
The EEOC stated that Casino violated ADA because the ownerdid not offer the opportunity to the potential candidate to prove that the positive drug test was due to the medicallyrecognized condition.
If you wish to learn more on ADA and its regulations, we recommend you to click here so that you can visit their official website.
To use this example as the one that will help you understand, the EEOC claimed that candidate had recognized disability and that is the main reason for using prescription pills, due to chronic neck and back pain.
The complaint stated that casino’s written policy required employees to disclose both nonprescription and prescription drug use, without considering whether this inquiry is job-related or consistent with the necessity of business, which is also the violation of ADA.
The response of the complaint blamed the problem on drug testing company they hired for the screenings,and they admitted that they had denied her a job after she failed a drug test. However, they said that they refused to hire her because she failed a drug test, but they have not seen whether she has a valid prescription under professional supervision.
That is when they brought other company that makes tests into the lawsuit stating that the main reason for failure is due to test results, but that was notan actual basis for this particular lawsuit.
Throughout the court, they insisted on denial of liability and even though the candidate had told the company about chronic back pain and prescription drugs before she lost a job offer. The defense of casino was that she never stated that her pain is a disability or some job impairment.
The response brought us to the point that those hired to do drug testing hasbeen responsible for the entire problem,and they should have checked the valid prescription if it were relevant, however, it didn’t happen in this case.
Even after EEOC filed a legal action, the casino claimed that the testing company did not follow the exact policy and that they are not guilty in this particular sense. Court has found out that discrimination happened and that testing company was the least to blame because they were only outsourced by Casino and they did their job accordingly.
It is vital to understand that under many circumstances, the ADA can protect a job applicant’s use of prescription or over-the-counter drugs with the idea to treat some disability. Therefore, testing positive for these drugs is not a basis for losing job offer or terminating the existing contract.
In case that any of this particular drug appears in thetest, an applicant should show the proof whether he/she has the valid prescription for the specific medications based on the doctor’s review and medicinal report.
In case that employer is concerned about this particular issue, he can ask for additional documentation that will help him/her confirm and determine the subject as well as information and report from a treating doctor, who will prove that person is reliable for the specific job offer without any additional problem.
In case that employee has to start with certain medications after being hired, and if the side effects could affect overall productivity and performance or endanger other employees, the first thing that you should do is speak with your employer and provide all medical reports and information for additional evaluation.
If you have been rejected due to the unworthy cause and you couldn’t say something in your defense, it is vital to talk with your lawyer to see what you can do so that you can appeal and reduce the ability for this to happen to other people as well.
It is simple as that.