Pre-employment Discimination

[indiana_worker]

What is the name of your state (only U.S. law)? Indiana

First, I'd like to state that I am an individual, who has confirmed, I am covered by the Americans with Disabilities Act.


I was returning, for a second year, to the same company for a summer internship. This internship requires a DOT drug screening because of the nature of the work. Everything was complete and the only thing that had remained to be verified before I could start was my pre-employment DOT drug screening. I took the test and complied with everything I was asked. I has a certain amount of time to verify my medicine I am taking for my disability. This was completed and done on time.

The DOT agency accidentally sent out the wrong information to my employer, stating that I had failed the test. Also known as a false-positve drug screening. Before my company knew about this, I had also let them know we would be getting a little bit of paper work to fill out together because of the medicine I am taking for my disability. Once the employer received the false-positive, they called me and I immediately told them that this was incorrect and that I had passed. I told them this happened because of prescription medicine I am taking for a disability. I also told them this was verifiable.

However, the company decided to move forward and hire someone else. The Chief Medical Reviewing Officer of the screening company immediately called them and let them know that situation, in which I complied with everything, and that it was a mistake on their end. The employer still refused to hire me, saying they moved forward with another candidate.

I have sent multiple e-mail asking them to honor my employment since I had done everything properly, but they have denied my request. Do I have any legal action I can take, or does this seem like a worthless case? This is a fortune 500 company.

If you need any more information to analyze this, I can provide any other details.

 

[cbg]

They received information that you had failed the drug test, so they went ahead with someone else.

What would you have them do now? Call the other candidate and rescind their offer?

It is not illegal discrimination for them to respond to the information they were given, even if it later proves to be a mistake.

FYI, outside of HIV/AIDS, NO condition automatically qualifies for ADA protection. It depends on how the condition affects your specific job and what accommodation is needed. Under NO circumstances are they required to drop essential functions of the position. If the position requires that you pass DOT specs and they are told that you did not, they MAY, quite legally move forward with another candidate.

It's a shame that the agency made a mistake but that does NOT obligate the employer to dump the other candidate in your favor.

 

[indiana_worker]

Yes, I think rescinding the other offer would be the most ethical and legal thing to do. Considering it's at-will and the company made a mistake with a candidate who was regarded as "best-fit" for the position was cleared and ready to hire, with the exception that their process of choice accidentally screened out an ADA employee.

The information they received was from the agency they chose to use. I thought this would be the part of law where vicarious liability would hold them responsible. Also, they were informed immediately, that this was incorrect. I don't think looking into the matter for a well qualified candidate with a disability would be asking too much of an employer. Also, I have verified that I am covered by the ADA. It would not hinder my work ability; the reason I am covered is because of a learning disability I have and accommodations my school provides for me.

I appreciate that feedback, and yes it is a shame that a DOT testing facility did this. Being a young professional, it's been one of the most difficult things I have dealt with. Would the agency be liable for my losses? Would the employer be vicariously liable for my losses?

 

[OHRoadwarrior]

Had they hired you, they might have some liability. As they had not hired you, they are free to choose another candidate, absent a written contract providing different. It appears this is a safety sensitive position and any level of impairment can open them up to liability.

 

[indiana_worker]

Granted, the terms of employment were "at will" given this occurred in Indiana, I did have a written offer that was signed by both me and the employer.

 

[cbg]

You're still not understanding. Yes, learning disabilities CAN be covered under the ADA. That does not mean that every applicant or employee with a learning disability is guaranteed coverage in any and all situations.

Additionally, since it appears that your learning disability is NOT the reason the offer was rescinded, but the incorrect information submitted about something entirely different, this is not illegal discrimination under the ADA no matter what.

Now, if they had rescinded the offer because you have a learning disability, that MIGHT have been worth exploring. But since there is no correlation between learning disabilities and failed drug tests, this is not an ADA issue under any circumstances.

 

[indiana_worker]

You're still not understanding. Yes, learning disabilities CAN be covered under the ADA. That does not mean that every applicant or employee with a learning disability is guaranteed coverage in any and all situations.

Additionally, since it appears that your learning disability is NOT the reason the offer was rescinded, but the incorrect information submitted about something entirely different, this is not illegal discrimination under the ADA no matter what.

Now, if they had rescinded the offer because you have a learning disability, that MIGHT have been worth exploring. But since there is no correlation between learning disabilities and failed drug tests, this is not an ADA issue under any circumstances.

I understand that more clearly now. For the record, this was not a failed drug test. That makes me sound like some drug-abuser when I am in fact not.

So would the testing agency be liable for my losses?

 

[cbg]

I understand that you did not actually fail the test, but that it was incorrectly reported that you did. That does not change the fact that the employer is under no law obligated to hire you.

You are free to discuss with a local attorney what, if any, liability the testing agency may have but you have not won the lawsuit lottery here.

 

[indiana_worker]

You are free to discuss with a local attorney what, if any, liability the testing agency may have but you have not won the lawsuit lottery here.

Lawsuit lottery? I am not sure exactly what you were trying to imply by this. The reason I posted on here was to get advice on what would be the best options to recoup loses I sustained from other people failing to do jobs properly.

 

[Just Blue]

Lawsuit lottery? I am not sure exactly what you were trying to imply by this. The reason I posted on here was to get advice on what would be the best options to recoup loses I sustained from other people failing to do jobs properly.

You should consult with a local attorney as cbg advised.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Indiana

First, I'd like to state that I am an individual, who has confirmed, I am covered by the Americans with Disabilities Act.


I was returning, for a second year, to the same company for a summer internship. This internship requires a DOT drug screening because of the nature of the work. Everything was complete and the only thing that had remained to be verified before I could start was my pre-employment DOT drug screening. I took the test and complied with everything I was asked. I has a certain amount of time to verify my medicine I am taking for my disability. This was completed and done on time.

The DOT agency accidentally sent out the wrong information to my employer, stating that I had failed the test. Also known as a false-positve drug screening. Before my company knew about this, I had also let them know we would be getting a little bit of paper work to fill out together because of the medicine I am taking for my disability. Once the employer received the false-positive, they called me and I immediately told them that this was incorrect and that I had passed. I told them this happened because of prescription medicine I am taking for a disability. I also told them this was verifiable.

However, the company decided to move forward and hire someone else. The Chief Medical Reviewing Officer of the screening company immediately called them and let them know that situation, in which I complied with everything, and that it was a mistake on their end. The employer still refused to hire me, saying they moved forward with another candidate.

I have sent multiple e-mail asking them to honor my employment since I had done everything properly, but they have denied my request. Do I have any legal action I can take, or does this seem like a worthless case? This is a fortune 500 company.

If you need any more information to analyze this, I can provide any other details.

Mayhaps they did not like the way you handled the situation/yourself and decided that you were not a good fit after all-which is totally legal.

 

[OHRoadwarrior]

You are ducking my question. If you took a DOT drug screen, there are some medications you cannot take, no matter what the reason. It is likely you are taking one of them. The company cannot hire you under those circumstances, unless you were to stop the medication. Even then, some medical conditions would be automatically disqualifying.

 

[tranquility]

To start, the company did nothing wrong. That they acted on reasonable information (If they did act on the information.), is of no merit. Period. The company is safe.

What about the testing agency? That may require more. Did they say the OP "failed"? Unlikely. They usually just report the numbers and let the company decide. Some numbers were high and the company (may) have decided.

Bottom line is this. Did anyone lie? I don't think so. Did anyone not take into consideration of the medication one might take for the OP's disability? Maybe, but, the law does not require appropriate interpretations of objective results. At best, if the company's sole reason was the test for not hiring, this is going to be a hard case with a lot of experts. Even then, there will be experts on both sides and that alone will doom any hope of discrimination.

If the OP can find an attorney to take the case, do it. Why not? But, even though I think the OP was "discriminated" against because of the results, that would be a very hard thing to prove in the first place, and would be a hard thing to prove in the second place. (In the first place, if there was discrimination based on the test. In the second, if such discrimination was based on a disability not acceptable in the ADA.)

Sorry, I don't think this will be a winner.

 

[indiana_worker]

Thank you for an honest an informative response. The only thing the employer told me was that the agency said I failed because I did not comply with turning in my prescription information. They have recorded calls of this and have admitted they should not have sent that information to the employer. I'm not sure if that information helps my case or not, but that should help clarify what was sent to the employer.