Failed pre-employment drug screening due to legitimately prescribed medication

[allfiredup]

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

I was offered a job last week, contingent upon the results of a drug screening. Today, the hiring manager called to inform me that I failed the drug test and she had no choice but to rescind the offer. I explained to her that the only possible reason for failing the test was for prescription medication I have taken for years, not recreational or illegal drugs. She responded that there was no immediate recourse, but that she would like for me to reapply in three months and take the drug test again (from which I inferred that I would simply not take my legally prescribed medications for several days to pass the test). She reiterated that she thought I was an excellent fit for the position and hoped that things would work out in the near future so I could work for her.

I understand why employers perform both pre-hire and random drug tests. I also understand that even prescribed medications could represent potential liability issues, Worker's Comp claims and/or productivity issues for an employer. I have taken generic Adderall (mixed amphetamine salts) for ADHD for nine years. My doctor also prescribed Valium to help me sleep, as needed, because normal sleep medications had a 'hangover' effect and made me feel very sleepy for several hours after waking up. Depending on the type of drug test they performed, the amphetamine was definitely detected and the Valium (a benzodiazepine) may or may not have been detected.

The drug screening form did not allow me to list my prescription medications. I asked the person overseeing the drug test about prescription drugs and she said they weren't able to note them or attach copies of prescriptions due to privacy laws.

I realize that there is a potential for abusing either/both of the medications I taken. But at the therapeutic dose I take of Adderall, I represent less of a liability or productivity issue than if I didn't the drug. I only take the Valium at night and it no longer has any affect on me by the time I wake up. Based on my limited research and knowledge of ADA (Americans With Disability Act), it has been successfully argued that both ADHD and Anxiety qualify for protection. I called my doctor this afternoon and he agreed that my need for Valium to sleep was due to Generalized Anxiety Disorder (GAD) for which I also take a daily medication (Wellbutrin). He is willing to write a letter stating this.

Legally, what options (if any) do I have? If nothing else, I would be willing to suffer through three or four inattentive and sleepless days and nights without my medications if they would allow a re-test. Corporate policy doesn't allow a failed applicant to reapply for three months. But it really doesn't seem right or fair that I am being denied this opportunity for taking medications that improve my health and ability to focus and function well. My previous employment history and excellent references from those former employers should support the fact that my prescribed medications only have a positive, or at worst neutral, impact on my performance as an employee.

Please advise.

 

[Just Blue]

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

I was offered a job last week, contingent upon the results of a drug screening. Today, the hiring manager called to inform me that I failed the drug test and she had no choice but to rescind the offer. I explained to her that the only possible reason for failing the test was for prescription medication I have taken for years, not recreational or illegal drugs. She responded that there was no immediate recourse, but that she would like for me to reapply in three months and take the drug test again (from which I inferred that I would simply not take my legally prescribed medications for several days to pass the test). She reiterated that she thought I was an excellent fit for the position and hoped that things would work out in the near future so I could work for her.

I understand why employers perform both pre-hire and random drug tests. I also understand that even prescribed medications could represent potential liability issues, Worker's Comp claims and/or productivity issues for an employer. I have taken generic Adderall (mixed amphetamine salts) for ADHD for nine years. My doctor also prescribed Valium to help me sleep, as needed, because normal sleep medications had a 'hangover' effect and made me feel very sleepy for several hours after waking up. Depending on the type of drug test they performed, the amphetamine was definitely detected and the Valium (a benzodiazepine) may or may not have been detected.

The drug screening form did not allow me to list my prescription medications. I asked the person overseeing the drug test about prescription drugs and she said they weren't able to note them or attach copies of prescriptions due to privacy laws.

I realize that there is a potential for abusing either/both of the medications I taken. But at the therapeutic dose I take of Adderall, I represent less of a liability or productivity issue than if I didn't the drug. I only take the Valium at night and it no longer has any affect on me by the time I wake up. Based on my limited research and knowledge of ADA (Americans With Disability Act), it has been successfully argued that both ADHD and Anxiety qualify for protection. I called my doctor this afternoon and he agreed that my need for Valium to sleep was due to Generalized Anxiety Disorder (GAD) for which I also take a daily medication (Wellbutrin). He is willing to write a letter stating this.

Legally, what options (if any) do I have? If nothing else, I would be willing to suffer through three or four inattentive and sleepless days and nights without my medications if they would allow a re-test. Corporate policy doesn't allow a failed applicant to reapply for three months. But it really doesn't seem right or fair that I am being denied this opportunity for taking medications that improve my health and ability to focus and function well. My previous employment history and excellent references from those former employers should support the fact that my prescribed medications only have a positive, or at worst neutral, impact on my performance as an employee.

Please advise.

Sorry if I missed it...But what type of job is this?

 

[Proserpina]

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

I was offered a job last week, contingent upon the results of a drug screening. Today, the hiring manager called to inform me that I failed the drug test and she had no choice but to rescind the offer. I explained to her that the only possible reason for failing the test was for prescription medication I have taken for years, not recreational or illegal drugs. She responded that there was no immediate recourse, but that she would like for me to reapply in three months and take the drug test again (from which I inferred that I would simply not take my legally prescribed medications for several days to pass the test). She reiterated that she thought I was an excellent fit for the position and hoped that things would work out in the near future so I could work for her.

I understand why employers perform both pre-hire and random drug tests. I also understand that even prescribed medications could represent potential liability issues, Worker's Comp claims and/or productivity issues for an employer. I have taken generic Adderall (mixed amphetamine salts) for ADHD for nine years. My doctor also prescribed Valium to help me sleep, as needed, because normal sleep medications had a 'hangover' effect and made me feel very sleepy for several hours after waking up. Depending on the type of drug test they performed, the amphetamine was definitely detected and the Valium (a benzodiazepine) may or may not have been detected.

The drug screening form did not allow me to list my prescription medications. I asked the person overseeing the drug test about prescription drugs and she said they weren't able to note them or attach copies of prescriptions due to privacy laws.

I realize that there is a potential for abusing either/both of the medications I taken. But at the therapeutic dose I take of Adderall, I represent less of a liability or productivity issue than if I didn't the drug. I only take the Valium at night and it no longer has any affect on me by the time I wake up. Based on my limited research and knowledge of ADA (Americans With Disability Act), it has been successfully argued that both ADHD and Anxiety qualify for protection. I called my doctor this afternoon and he agreed that my need for Valium to sleep was due to Generalized Anxiety Disorder (GAD) for which I also take a daily medication (Wellbutrin). He is willing to write a letter stating this.

Legally, what options (if any) do I have? If nothing else, I would be willing to suffer through three or four inattentive and sleepless days and nights without my medications if they would allow a re-test. Corporate policy doesn't allow a failed applicant to reapply for three months. But it really doesn't seem right or fair that I am being denied this opportunity for taking medications that improve my health and ability to focus and function well. My previous employment history and excellent references from those former employers should support the fact that my prescribed medications only have a positive, or at worst neutral, impact on my performance as an employee.

Please advise.

Your previous employment history doesn't tell the prospective new employer that you haven't been partying for the past three nights straight - see where I'm going there?

From NOLO:

http://www.nolo.com/legal-encyclopedia/georgia-laws-workplace-drug-testing.html

This is from a commercial website - please excuse the copy/paste/mash-up mess I may have made in the process of trying to help.

State: Georgia Statute of Order: Ga. Code Ann. §45- 23-1 et seq. §45-20-110 et seq., 34-9-410 et seq.

Covered Employers: State government employers, public schools, and entities that furnish transportation services to school systems; private employers.

Applicant Testing: Testing authorized of applicants for state government employment, public school employment, and private employment.

Applicant who refuses to be tested or who tests positive may be barred from state and public school employment for 2 years.

Employee Testing:

Testing authorized, including random testing, on reasonable suspicion, as part of routine fitness-for-duty exam, after an on- the-job injury, and as part of follow-up to rehabilitation.
Policy must be distributed to employees and posted.
Testing confers eligibility for certain discounts and other benefits under the state's workers' compensation law.
Random testing of "high risk" state government and public school employees including school bus drivers is authorized under separate provisions.

Conditions & Methods: Methods to assure privacy for employee in collection of specimen, and methods of collection, storage, and transportation that ensure noncontamination of specimen, and confidentiality of test. Confirming test after positive result.

Important Bulletpoints:

Compliance to the program entitles employees to a 7.5% worker’s compensation premium discount.
Self-insured employers are eligible for the voluntary drug-free workplace program credit by filing the appropriate form for certification.
Job applicants who have been awarded an offer for employment are required by law to be tested for substance abuse.
On-site testing is allowed under the voluntary program. Random testing is also permitted. However, neither on-site testing nor random testing is a requirement for program compliance.

Only trained and certified persons are qualified to conduct substance abuse testing for purposes of the voluntary drug-free workplace program. The list includes, among others, an employer representative who is trained to collect specimens following approved chain of custody procedures.

Post-rehabilitation drug testing may be required by the employer as a follow-up in cases where the employee underwent an employee assistance program or approved rehabilitation program because of an earlier positive drug test. For employees voluntarily entering such a program, follow-up testing is not mandatory

The analysis of a Medical Review Officer is strongly recommended by not necessarily a requirement for compliance

As a requirement for the first year certification of a drug-free workplace program, employers must provide two hours of substance abuse education plus another 2 hours of related training for supervisors. Training for supervisors may be reduced to 1 hour per year for subsequent years.

Contractors with state projects amounting to $25,000 and up must present a certification that they have substance abuse prevention program.

All public employees in high-risk jobs can be randomly tested for drug and alcohol testing. If he/she refused to take the random drug test or in the event that the drug test result is positive, the employer has the right to terminate the employee.

An employee found to be under the influence of controlled substances or drugs during an accident (leading to injury or death) may be disqualified from receiving remuneration or benefits.

An employer who discriminates particular groups of employees i.e. gender, race or age for drug testing is likely to face discrimination claim.

Underlining emphasis mine, since these are elements which may prove of interest.