Legal Question in Business Law in Colorado

Job offered, then declined after physical

I was recently offered a job after going through all of the ''hoops''. During my physical, I disclosed that I took a certain medication for pain which was prescribed by my Internist. It was identified on my drug screen, and I was later notified that the Occupational Physician who reviews all applicants denied my physical. They admitted that it was a legitimate prescription for a legitimate reason (I offered all information in order to verify this), but that I was not ''forthright'' with it initially. Now I do not have this job on the grounds that he could not pass my drug screen. Even though they admitted that it was legitimate. Can someone please help me?


Asked on 3/15/06, 5:31 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Job offered, then declined after physical

Hi,

Sorry about your circumstances. A question, did this prospective employer have 15 or more employees?

If so, the employer must follow the Americans with Disabilities Act (the "ADA")requirements regarding pre-employment issues and, as relevant here, post-offer medical examination.

A post-offer exam is allowed under the ADA and this exam does not have to be job-related and consistent with business necessity.

Now the important issue, if a person is not hired because a post-offer medical examination reveals a disability (note: your issue may or may not be deemed a disability, depends on facts), the reason(s) for not hiring must be job-related and consistent with business necessity.

Additionally, the employer also must show that no reasonable accommodation was available that would enable the individual to perform the essential job functions, or that accommodation would impose an undue hardship. I don't know the position, but doubt they could claim that you would pose a "direct threat". Again, this would depend on the exact facts of your condition.

You should contact an attorney to review the exact facts of your condition and the prospective employer's actions. Good luck.

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Answered on 3/15/06, 11:45 pm


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