discriminated against because of pre-employment drug test

[Mystic_Oracle]

I recently applied for a job at a pet store. It was kind of a two-step process, where first they showed a group of people an informational video, and then the next week called people for individual interviews. I was one of those people. During this individual interview, I was given some paperwork for a pre-employment drug test (FYI: I take Adderall for my ADD). I was given a sheet with driving directions to a local diagnostic center, where I would go to have the drug test administered. I see a counselor once a week about ADD-related problems I have, and I'd talked about the pre-employment drug tests with her prior to the day I took the drug test. She (the counselor) told me that the pre-employment drug tests only tested for marijuana and cocaine, not Adderall. However, she might have meant the actual prescription Adderall RX and not the generic kind, which is what I take (generic). So I did the pre-employment drug test and thought very little of the fact that the Adderall (actually, they're amphetamine salts SUBSTITUTED for Adderall RX) was in my system. I did, however, inform the woman who administered the test to me that I took Adderall and that it was prescribed to me. She told me I did not have to worry about that because the drug test only tested for marijuana and cocaine, and "drugs you're not prescribed to." I wish she'd been a little more clear. Again, I didn't speak up anymore that day because I didn't think it would be an issue. Anyway, the test consisted of a urine sample, which I gave to the woman and then left the diagnostic place. A week later, the pet store called me and the lady on the phone said, "I'm calling to inform you that, unfortunately, you're not eligible for employment at our stores." She then gave me an 800 number to call (the number for their national headquarters), along with a lady's name and extension number. I called the 800 number and got her voicemail, so I left a message telling her to call me whenever she got the message. Then I got on the phone with the diagnostic company, figuring they might know something about my drug test results. After talking to a few representatives, I found out that the woman with the extension number is one of the diagnostic center's authorized contacts, meaning she has authority to call the diagnostic center, talk to the diagnostic center's "certified scientists" who test the specimens for certain drugs, obtain the test results, and call back the employer (in my case, the pet store). So, obviously, my not being eligible for employment has to do with my drug test results, otherwise the pet store wouldn't have given me that number with that woman's extension, right? I am calling the woman back tomorrow to find out what the deal is. What I want to know is, is there any legal action I can take in this case? I know I have rights under the Americans with Disabilities Act, but I'm not sure how they go. And also, they (the pet store) might say that they hire people with ADD as long as those people are drug free. Does anyone know where I stand on this issue? I find it baffling to believe that situations like this haven't happened before. If anyone is familiar with some of the laws and could post them here, that would be REALLY helpful. Thanks for reading this; I know I'm long-winded LOL!

[domo-kun]

I'm having a hard time reading your post. Can you go back in and break it down into smaller posts? Thanks.

FWIW, your situation sucks because it forces you to disclose in an interview setting. I too worry about a similar situation and tend to avoid jobs that require drug screening out fear.

[Mystic_Oracle]

Okay...how do you edit posts?

[Mystic_Oracle]

Okay, I copied and pasted this, but I don't know if it will show up. Anyway...

I recently applied for a job at a pet store. It was kind of a two-step process, where first they showed a group of people an informational video, and then the next week called people for individual interviews. I was one of those people. During this individual interview, I was given some paperwork for a pre-employment drug test (FYI: I take Adderall for my ADD).

I was given a sheet with driving directions to a local diagnostic center, where I would go to have the drug test administered. I see a counselor once a week about ADD-related problems I have, and I'd talked about the pre-employment drug tests with her prior to the day I took the drug test. She (the counselor) told me that the pre-employment drug tests only tested for marijuana and cocaine, not Adderall. However, she might have meant the actual prescription Adderall RX and not the generic kind, which is what I take (generic).

So I did the pre-employment drug test and thought very little of the fact that the Adderall (actually, they're amphetamine salts SUBSTITUTED for Adderall RX) was in my system. I did, however, inform the woman who administered the test to me that I took Adderall and that it was prescribed to me. She told me I did not have to worry about that because the drug test only tested for marijuana and cocaine, and "drugs you're not prescribed to." I wish she'd been a little more clear. Again, I didn't speak up anymore that day because I didn't think it would be an issue.

Anyway, the test consisted of a urine sample, which I gave to the woman and then left the diagnostic place. A week later, the pet store called me and the lady on the phone said, "I'm calling to inform you that, unfortunately, you're not eligible for employment at our stores."

She then gave me an 800 number to call (the number for their national headquarters), along with a lady's name and extension number. I called the 800 number and got her voicemail, so I left a message telling her to call me whenever she got the message. Then I got on the phone with the diagnostic company, figuring they might know something about my drug test results. After talking to a few representatives, I found out that the woman with the extension number is one of the diagnostic center's authorized contacts, meaning she has authority to call the diagnostic center, talk to the diagnostic center's "certified scientists" who test the specimens for certain drugs, obtain the test results, and call back the employer (in my case, the pet store).

So, obviously, my not being eligible for employment has to do with my drug test results, otherwise the pet store wouldn't have given me that number with that woman's extension, right? I am calling the woman back tomorrow to find out what the deal is. What I want to know is, is there any legal action I can take in this case? I know I have rights under the Americans with Disabilities Act, but I'm not sure how they go. And also, they (the pet store) might say that they hire people with ADD as long as those people are drug free. Does anyone know where I stand on this issue? I find it baffling to believe that situations like this haven't happened before. If anyone is familiar with some of the laws and could post them here, that would be REALLY helpful. Thanks for reading this; I know I'm long-winded LOL!

Please let me know if you can see the text above, if not I guess I'll have to retype it...

[Mystic_Oracle]

Originally Posted by domo-kun

I'm having a hard time reading your post. Can you go back in and break it down into smaller posts? Thanks.

FWIW, your situation sucks because it forces you to disclose in an interview setting. I too worry about a similar situation and tend to avoid jobs that require drug screening out fear.

I've been applying for part-time jobs all summer, and every job I've applied for asks if I would be willing to take a pre-employment drug test on the application. They have a box for yes and a box for no, so yeah...

I've never had the luxury of avoiding jobs that require drug screening.

[FightingBoredom]

MO, This was clear both times you wrote it.

I would pursue this as far as you need to. The objective is to get a job and we do have this nasty system of being innocent until proven guilty..so you would need documented proof that you were not hired bc you have ADD or are on ADD meds.

HOWEVER, you should have a conversation with the contact at the pet store corporate office and clearly and calmly explain the situation and that you ARE on medicatio for ADD, that you did let someone know during the screening process, that they told you it wouldn't be a problem, and now it is a problem. This means their hiring system is flawed.
You still want to work there and you really didn't even want to mention ADD since there is such a controversy you just wanted to be taken on your ability. But the drug screening thing seems to have made that impossible so you disclosed it to be honest.
Should you be penalized for being honest?
Wouldn't this company want to hire honest and hard working people?

[domo-kun]

Perhaps you can call one of the numbers listed in the URL below? Know your rights.

http://www.chadd.org/webpage.cfm?cat_id=7&subcat_id=45

[Mystic_Oracle]

I'm reading some info on the Americans with Disabilities Act website. I have to make sure I even qualify as being protected by that. They have a page that talks about "Intellectual Disabilities," which is means someone has an IQ of 70-75 or below, and how someone with an "Intellectual Disability" can have AD/HD as well, but I haven't found if they mention JUST AD/HD. It frustrates me that employers would hire mentally retarded people over me! Ugh...

And as for having documented proof that I wasn't hired because of my being medicated for AD/HD, I would have to somehow subtley "get" the woman on the phone to say "We don't hire people who are AD/HD and take stimulant medication at our stores," or something along those lines, which I have to be careful about. I can't lash out and accuse her of doing something illegal over the phone, because then she'll quickly call back the local store and tell them to call me and let me know they "hired somebody else," just to be safe.

[Mystic_Oracle]

Originally Posted by domo-kun

Perhaps you can call one of the numbers listed in the URL below? Know your rights.

http://www.chadd.org/webpage.cfm?cat_id=7&subcat_id=45

The thing is, all that is mentioned on ANY websites I find, is job accommodations. Would my being on medication be viewed as a job accommodation? I really wish being on medication for conditions was mentioned more; I haven't found a single thing about it!

[FightingBoredom]

Originally Posted by Mystic_Oracle

The thing is, all that is mentioned on ANY websites I find, is job accommodations. Would my being on medication be viewed as a job accommodation? I really wish being on medication for conditions was mentioned more; I haven't found a single thing about it!

I wonder if you can call the defense fund phone number and get more info....

[Mystic_Oracle]

Eh, I have an appointment with my counselor at 12 noon so I have to go get ready. Believe me, I WILL tell her about this! LOL

[Tara]

To me this sounds like the place that did the drug screening messed up. Years ago when I appplied to work at a major retial chain I too had to take a drug test. At the time I didn't even know I had ADD. But, I had to put down any and all medications that I was taking including both OTC and prescription meds.

It sounds like the tech didn't know what she was talking about...

[T-Bass]

Next time you take a drug test, or if anyone does...

http://www.passyourdrugtest.com

I have many hard core illegal drug using friends, and they passed with no problem.

If it's a hair or blood test, then there are other options, but I don't know how good the product is.

T-Bass

[Imnapl]

Are prospective employers required to tell applicants that they failed a drug test? Are they obligated to tell applicants why they do not hire them?

Where I live, it is very difficult for young people entering the job market. Employers want previous work experience so that first job is the hardest to get.

[T-Bass]

employers don't have to give any reason why they didn't hire someone, (small print on most job applications)

T-bass