Legal Question in Employment Law in District of Columbia
Federal Pre-employment drug screen
I am scheduled to take a pre-employment drug screen for a Federal job. A 10-panel drug screen will be used and it checks for two drugs that I take regularly (by prescription) for a medical condition. The testing form does not have a place on it to list current medications (I don�t want to list the med�s anyways). If the test comes back positive for my prescribed medications, and my application is denied, what are my choices of action? Am I required to give my personal medical information and or prescription list to an employer? (In anticipation of an answer of ''No, you are not 'required' to give this information to a possible employer, but it may affect your chances of getting the job...''), isn't my medical information supposed to be confidential? If I have a pre-existing medical condition (that will not affect my job performance) and I'd rather my employer didn't know about it, don't I have a right to still be eligible for the position and keep my personal info personal? Where, would the line be drawn? Example; If, I had Herpes, would that info be shared with my employer? (I know they don�t check for Herpes in a general physical, but you get the idea.)
1 Answer from Attorneys
Re: Federal Pre-employment drug screen
You may be confusing the drug with the condition. If the drug shows up on the screen, then that would be disclosed, not the condition. Then, you could have a doctor write a note stating that the drugs are legitimate, prescription drugs used to treat a medical condition. But you do not have to disclose the condition.
Indeed, if you are certain that the drugs will show up on the screen (perhaps they contain opiates or the like), then you should consider getting this in advance. You can then discuss the matter with the drug test intake person and perhaps even give that person a copy of the doctor's note.
If you do wind up giving the note to anyone and they ask what the condition is, simply say that it is confidential and there is no requirement that you disclose it (unless it might interfere with your ability to perform the job safely).
If you simply do not want to disclose even the fact that you take the drugs (perhaps that in itself makes it clear what the condition is), then you are unfortunately stuck because you of course have to take the test. In any case, your test results and related medical information are supposed to be confidential, kept in separate files, and only seen by those who have a need. (For example, in this case, the hiring officer would probably receive a copy of the test report.)
Last, there may be some internal procedures that the agency you are dealing with has for handling these issues. You might give them a call and ask if there is anyone you can speak to about the drug testing program. If so, explain the matter and see what they suggest. You should be able to do this without revealing your identity. Of course, use a phone that will not allow caller ID to record your number (or call from an outside phone) if you do not even want that to be on the record when you call.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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