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Can I be fired for a valid prescription drug? Drug test

Can I be fired for...
Can I be fired for a valid prescription drug ?
JA: Was this retaliation? Or based on race, religion, age, gender, disability, or national origin?
Customer: Drug test because of work injury . Broken toe . Three weeks later after I was returned to regular duty ... the same day I was fired
JA: Is the employment "at will," union, full time, or part time?
Customer: Az .. right to work ! I signe a paper saying I was terminated for drug test . Med is for migraines I rarely use .
JA: Anything else you want the lawyer to know before I connect you?
Customer: I gave them my all scripts prior and they knew , but the employer said I had ample time to provide the other script . They had test results the next day .
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Answered in 10 hours by:
8/11/2017
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 148
Experience: Attorney
Verified

Hi there. My name is*****'m taking a look at your question and I'll send you my response shortly.

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You may have a suit for wrongful termination based on the Americans with Disabilities Act. Your employer has to show that the drug that you tested positive for is consistent with business necessity, which means they have to show that if you were taking that drug, it may either impair the productivity, safety, or security of the workplace. It looks like they were testing you as part of an accident investigation. They would then have to show that the drug you tested positive for demonstrates that you may have been impaired at the time of the accident. The Equal Employment Opportunity Commission prohibits firing employees for taking prescribed prescription medications. You should give your employer all the relevant prescriptions, and if they don't accept that you would be able to pursue a wrongful termination claim.

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You could file directly with the EEOC here: https://www.eeoc.gov/employees/howtofile.cfm or with the Arizona Attorney General's Office here: https://www.azag.gov/complaints/civil-rights

Your best bet would be to first contact your employer and explain this to them in an attempt to resolve the situation as well.

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If I've full answered your question, I'd appreciate a five-star rating. If not, please let me know what else I can assist you with.

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