Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My question is about drug testing. My prospective employer…

My question is about...

My question is about drug testing. My prospective employer requires a urine drug test. I take only prescription drugs, but since some of them are psychiatric, I'm concerned that they may show up, and then revealing what meds I do take would effectively disqualify me from employment. Suggestions?

Lawyer's Assistant: Have you discussed the drug test with a manager or HR? Or with a lawyer?

This is a job in PA, and my interview is Monday, so I feel a sense of urgency.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a union; I'm a retired teacher looking for a job in senior care. It is not a medical position; essentially companionship and help around the senior's home.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My concern is, if I decline to list my prescription meds, then I may likely disqualify myself from employment. How do I assert my rights, if I have any? Would it just be better to take the drug test, and only reveal prescription meds if the test is positive?

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 hours by:
3/23/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,751
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. As a prospective employee you have no right to refuse the urinalysis and if you don't supply the current medications that you are on and you test positive for a prohibited drug, or something that you have not listed, you can be denied employment. I am not sure why you believe that taking medications, if they don't interfere with the performance of your duties, would disqualify you from employment.

Under the ADA, an employer may not discriminate in hiring against someone based on their medical information or disabilities as long as that person can perform the essential functions of their job with that medical issue.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,751
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 28 days ago
Thanks for getting back to me. Why would most employers want someone working for them with a mental disorder? And they are not required to give me a reason if I'm not hired, so what proof would I have that they are discriminating? It seems like the employer has all the power and the prospective employee, little to none. Hopefully the stigmas surrounding mental illness have improved since I entered the workforce, and the best I can do is answer the questions honestly and hope for the best. Does that seem pretty much all I can do to you as well?
Thanks.

You're welcome. Some employers seek out employees who have ADA qualified disabilities either because they want to help employ them, they think they are good workers, or they get a tax advantage. However, to be clear, they cannot choose not to hire someone with an ADA qualified disability, just because they have that disability. That is against the law. As long as an applicant can perform the essential functions of the job, then they must be treated the same as any other employee or applicant who doesn't have a disability.

They really don't have the power in this case as the law is very strict. If the facts are on the side of the applicant, then the employer faces tough economic and, in rare cases of systematic discrimination, criminal charges. So, there is nothing in it for an employer to discriminate. But yes, in general, under employment "at will" laws, employers do have most of the power, however, that is with all employees and applicants, not just those with disabilities.

Unless something is expressly said to an applicant about their disability being a non-hiring factor, there is no way the applicant can know for sure. However, if they get a sense that it did play a role and they know they can do the job, they can file a complaint with the EEOC and then the employer is the one that has to prove that they had a non-discriminatory reason for their decision.

Ask Your Own Employment Law Question
Customer reply replied 27 days ago
Thanks for your answer. I feel this will help me interview more with a little more preparedness.
Diane B.

You're very welcome.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,751
20,751 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,751 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was drug tested at my work for an “investigation”, I was
I was drug tested at my work for an “investigation”, I was told they had reasonable suspicion, but I come to find out according to our companies own policy they had no grounds to drug test me. The tes… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My husband was sent for a drug screening after a work place
My husband was sent for a drug screening after a work place "accident" (basically an infected cut), during which the drug screen facility sent his (private employer of more than 15 ppl) a fax or email… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
I'm a truck driver and I just got randomly drug tested.
Hey I'm a truck driver and I just got randomly drug tested. Right now they are waiting for the results but I think it will be positive. If I quit before the results come back will it still be reported… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
I was fired for failing a drug test (marijuana) 2 weeks
I was fired for failing a drug test (marijuana) 2 weeks after I hurt my finger at work they did not to let me retest is that legal in Illinios … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
The formen at my job gave me a drug test. With an over the
The formen at my job gave me a drug test. With an over the counter test cup 4 panal coke meth thc and bardetiuals. It tested positive for three all but coke. Now keep in mind the formen that gave me t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Will a failed pre employment drug test be reported by the
Will a failed pre employment drug test be reported by the employer to the Virginia Employment Commission? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I have a situation at work regarding ada discrimination,
Second opinion] I have a situation at work regarding ada discrimination, harassment, and other issues pertaining to my job. I am being singled out. I am facing termination from my employer. HR is inve… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
N another employee select his colleagues for a drug test.
n another employee select his colleagues for a drug test … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
If accused and cleared as an RN in drug diversion, which was
if accused and cleared as an RN in drug diversion, which was completely unfounded and I belive the result of retaliation from a complaint on management....now that same management wants to continue th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I recently had to take random drug test it wasn't supposed
I recently had to take random drug test it wasn't supposed to be a DOT test but that's what they gave me. Is there anyway to change it or to keep it confidential? It came up positive … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
117 satisfied customers
My question is in regards to termination due to failed drug
Hello, my question is in regards ***** ***** due to failed drug tests. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,961 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,134 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x