Legal Question in Employment Law in California

Medical Confidentiality

I have been offered a great job for a City Municipality. It is a non-civil service position, however I need to pass a background check, medical exam, and drug test.

I need to find out how to keep a medical condition confidential. 2 Years ago a Doctor put me on pain medication for an ongoing medical condition (Chronic Pain) The medication turned out to be very addictive and I eventually had to go on a methadone maintenance program. I just was offered a great job, however I need to pass a drug test and physical.

I really do not wish to disclose that I am on methadone maintenance. It does not effect me at all, other than the fact if I do not take it I become sick. I am slowly going down on the dose and should be completely off within 8-9 months. I do not use any drugs, I don't even drink.

How can I keep this confidential, I do not want my department employer to know. Are there any confidentiality laws that apply to my situation? I don't mind telling the physican, but because I have doctors orders for the medication I do not want it disclosed to the employer.

Can you help me?

Thanks!


Asked on 8/02/01, 11:34 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Medical Confidentiality

Employers cannot ask you any questions about your medical history before you are offered employment. However, once the job is offered, it can be made conditional upon your passing a medical and drug test. Employers have the right to condition employment upon your fitness for duty, which may include the possibility of drug dependency. There is no way around it. You must go through the physical and drug test. However, you can request that the results be limited only to those who have a specific need to know.

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Answered on 8/03/01, 3:50 pm


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