Legal Question in Disability Law in Alabama

pre-employement drug testing

I was called about a job from a temp service that they were hiring for. They had me call and talk to the employer and I did. Later the temp service called me in to take a drug test on a friday, on wednesday the temp service called me and said it came back positive for opiates and ask if I was on any meds and I said I was on pain meds. They told me to take my meds with me and go to the employer monday to start job training in a city about a hour away from my home. When I got there they ask me if I brought my meds and I said yes. They started me on a computer for training and later took my picture for a id badge. When I showed them my meds they ask me if I had to take them everyday and I told them I did but I had been working at a lot more physical job for over 15-years and I allways got my job done. They left me and I keep on training on the computer. At the end of the day I was told I could finish the training the next day. The next day I was pulling up to the business when my cell phone wrang and it was the temp service saying that the company decided to fill the position another way. I thought about it and I feel they changed their mind because I am on pain meds. What legal rights do I have? They will never say any different?


Asked on 7/09/09, 2:06 am

1 Answer from Attorneys
Gerald Miller Redden, Mills & Clark

Re: pre-employement drug testing

If they failed to hire you because you are on pain medications, but those medications would not interfere with your ability to do the job, you may have a claim under the Americans With Disabilities Act. As you indicate, however, you do not know if this is really the reason or not. I suggest you file a Charge of Discrimination with the EEOC and let them investigate. You may go to www.eeoc.gov for information on filing a charge.

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Answered on 7/09/09, 11:55 am


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