Husband Denied Employment b/c of Adderall for ADD

[PandoraZx]

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

I find this disgusting, because my husband was told that he had a job with the city of bedford (virginia) barring anything unforeseen in his physical and drug test. He passed his background check with flying colors. Well, when he went to take the drug test, he told the nurse who was doing his physical that he was on Adderall for ADD. She is also the one who administered the test. He got a phone call this afternoon from the hiring manager telling him that he was not going to be hired because he failed the drug test for amphetamines. Well of course! He had the right now to tell the hiring manager about his condition since it is strictly confidential. We are going tomorrow morning to get a copy of his file from the physical. He even offered to get his psychiatrist to call or write a letter stating the validity of his claim. He even showed the nurse his prescription bottle! I overheard the conversation because he put his cell phone on speaker. We are seeking legal action immediately. Because we already know that there is an employee on a course of Hydrocodone, an opiate and he is still working there. Someone should be barred from employment for taking opiates (which can affect motor function, and Adderall does not) before someone who is taking ADD medication. We are trying to get something in motion immediately so he still has a chance to take the job. Any professional advice would be appreciated.

-Leann

 

[mike_lee]

Treat it as a failure of communication for now. don't threaten anyone or burn any bridges.

 

[PJ Weber]

Did he inform his employer beforehand that he takes Adderall?

Telling the nurse means nothing

It is discrimination, but . . . not the kind of discrimination you can do anything about

 

[ecmst12]

This is a failure of the testing company, not the employer, who just farms the testing out. The testing company is supposed to contact the testee and give them the opportunity to provide prescription information for any suspicious results.

 

[PandoraZx]

Did he inform his employer beforehand that he takes Adderall?

Telling the nurse means nothing

It is discrimination, but . . . not the kind of discrimination you can do anything about

You do not have to inform the employer about any medical condition - the only one who will ever know anything about medical issues is human resources after your hired. The state says it is none of the employer's business - the physical determines whether or not you are fit for work and he passed the physical.

Telling the nurse is the only outlet he had and she documented it.

 

[PandoraZx]

Treat it as a failure of communication for now. don't threaten anyone or burn any bridges.

Burn any bridges?? Are you kidding? They already told him he couldn't have the job. This statement makes no sense. It's not like they will ever let him work for the city now that they think he's a meth head.

 

[PandoraZx]

This is a failure of the testing company, not the employer, who just farms the testing out. The testing company is supposed to contact the testee and give them the opportunity to provide prescription information for any suspicious results.

We are trying to go up the chain and find out who performed the test. He is going to the city municipal building today and he has already called his psychiatrist to get him to place a phone call as well to the city.

 

[enjay]

Burn any bridges?? Are you kidding? They already told him he couldn't have the job. This statement makes no sense. It's not like they will ever let him work for the city now that they think he's a meth head.

You aren't thinking calmly or rationally. If he handles this calmly and submits the information necessary, it may be enough for them to reconsider his employment. If you go in threatening lawsuits he'll never work for the city or anyone else who gets wind of his behavior.

It's never good to flip out and lose your cool.

 

[mitousmom]

As I understand it, your husband was told that he would be hired " barring anything unforeseen in his physical and drug test." Apparently, the City didn't foresee that your husband would test positive for amphetamines, primarily because your husband didn't tell the City that he took the prescription drug Adderall, which would show up in his drug test as an amphetamine.

I'm not sure the basis on which your husband plans to take legal action. There is no requirement that the City hire him because the amphetamine in his system results from a prescription drug. Employers can choose not to hire individuals legally taking certain drugs. An employer can legally hire someone taking prescription Hydrocodone and decline to hire someone taking prescription Adderall.

You make references to the state and what it does or does not allow. I'm not aware of any state laws or regulations that specifically address this issue. Both the state and the federal government have rules governing the employment of individuals with qualified disabilities (QUID). But you haven't provided anything to suggest that your husband is a QUID subject to state or federal law.

Nonetheless, it appears that the City had made your husband an offer of employment. Therefore, under the federal ADA it could have asked him about medical conditions, required him to undergo a physical, drug test, etc. and your husband should have informed the City about the Adderall.

I don't understand the distinction you make between Human Resources and the employer. Human Resources is a part of the employer.

Your husband needs to have his psychiatrist submit a statement to the city employee who informed him that he would not be hired because of the test results, stating that s/he has prescribed XXXX dosage daily of Adderall to treat your husband's ADD. The psychiatrist needs to explain the pharmacology of Adderall, including how it affects drug test results.

Hopefully, the City will reconsider its decision, but if it doesn't, I don't know any basis for legal action by your husband.

 

[las365]

The time for your husband to tell the potential employer that he takes medication for ADD was when the conditional offer of employment was made and he was specifically told that barring anything unforeseen in the physical and drug tests, he would be hired.

If he had disclosed it then, the results would not have been unforeseen, and he may well have gotten the job. Because he didn't, the positive result for amphetemines was unforeseen by the employer and it was reasonable for the employer to assume he was using drugs illicitly.