Legal Question in Employment Law in Pennsylvania

Re: Durg test for Prescription drugs

You asked about disclosure of a prescription substance in an employment drug test situation.

I understand your concerns, and so will any employer. The condition ADD and its cousin ADHD are recognized disorders and the treatments for them are also well recognized.

While anyone hesitates to disclose their medical conditions/history it is often very necessary to do so to take full advantage of the law. The Americans with Disabilities Act prevents persons from being discriminated against because of their disabilities unless the particular disability prevents them from doing their job with reasonable accommodations. In order to gain the protections the employer must be informed of the condition. An employer is prohibited from taking action against an employee or potential employee regarding such disclosure. The penalties for doing so are quite strict. And proving so is not as difficult as it would seem.

As to your specific question, the law is unclear. The test should reveal whether certain proscribed substances are present in the subject's system. Often the test results are provided in a format that equates to red, yellow or green rather than provide any specific results.

You must inform the testing center of your present medications (it would be helpful to have your prescription bottles with you when tested). Should your test be flagged yellow or red, you must be provided with the opportunity to speak with a representative of the employer and a retest. The fully informed retest should demonstrate conclusively that the substance you take is prescription.

Your decision to tell an employer about your conditions is a private one. But be aware that you cannot claim protections of the law unless the employer is informed about the condition.

If you have any problems with this I would be happy to speak with you.

Regards,

Roger