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I've been applying for quite a few jobs, and I've noticed that many jobs require a pre-employment physical and drug screen. Anyway, I am concerned about this since I am bipolar. I am on medication and see a psychiatrist on a regular basis. Furthermore, one of the drugs that I take is a benzo, so it would show up on a drug screen. I have no issue with that as I have a valid prescription for it, but there is no way that I can really lie about my mental illness.
I understand that I am covered by the ADA, but there are many ways that employers can get around this. How should I handle something like this? Should I just be honest and up front with my illness/meds I am on with the doctor? Are most of these physicals done through your personal doctor? If so, I wouldn't have an issue, but a company doctor I am worried about.
Any advice, or personal experience with a similar situation would be greatly appreciated!
Usually it is a third party company that does the drug screening. I am assuming due to HIPPA they cannot relay this to the potential employer. As long as you can prove you have a valid prescription you should be fine.
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Quote:
Originally Posted by veuvegirl
Usually it is a third party company that does the drug screening. I am assuming due to HIPPA they cannot relay this to the potential employer. As long as you can prove you have a valid prescription you should be fine.
Yes, in those cases, when a doctor prescribed the medicine and the employee used it in the proper amount, the test is reported as negative to the employer. Even if the drug is solely used to control
a mental illness, the potential employer should not be made aware of your condition unless you disclose
it voluntarily during an interview or less likely, they pick up on signs exhibited during the interview. ADA
law prevents discrimination, however employers can always use the standard "we chose someone better qualified". The physical exam is another matter. They will almost always use their own contracted physician, not yours. Most will require you to fill out a personal and even family medical history.
Questions such as whether you have ever been treated for heart disease, high blood pressure, or mental illness may be included. While it's now illegal to discriminate against employees and applicants because of genetic diseases, it's still being done, and applicants have won lawsuits. The valid purpose for the pre-employment physical is to determine if you are physically capable of meeting the essential functions of the job. The report should maintain your privacy and medical confidentiality.
Yes, in those cases, when a doctor prescribed the medicine and the employee used it in the proper amount, the test is reported as negative to the employer. Even if the drug is solely used to control
a mental illness, the potential employer should not be made aware of your condition unless you disclose
it voluntarily during an interview or less likely, they pick up on signs exhibited during the interview. ADA
law prevents discrimination, however employers can always use the standard "we chose someone better qualified". The physical exam is another matter. They will almost always use their own contracted physician, not yours. Most will require you to fill out a personal and even family medical history.
Questions such as whether you have ever been treated for heart disease, high blood pressure, or mental illness may be included. While it's now illegal to discriminate against employees and applicants because of genetic diseases, it's still being done, and applicants have won lawsuits. The valid purpose for the pre-employment physical is to determine if you are physically capable of meeting the essential functions of the job. The report should maintain your privacy and medical confidentiality.
So, in other words, the company, or school that sends you for this pre-employment physical will see the results indicating a mental illness, etc?
Additionally, if the drug test is incorporated into the pre-employment physical (done at the same place and during your physical), will those results also be disclosed?
I guess I just wasn't sure what was actually sent from the pre-employment physician to the school? I always thought it was just a pass or fail type of thing, not my entire medical history, etc.
No they will not see your results because of HIPPA laws.
Anyone who fails a drug test will receive a call from the lab asking them to explain the failure. If you have a valid reason for failing, with proof, such as the OP does, it's over.
They never tell the employer you failed until after they contact you for an explanation, even if the failure is weed or cocaine.
In OP'S case, you present the Rx when you go to the lab for the test.
The only consideration would be if your employer is required by law/regulations to know, monitor, or otherwise maintain records concerning normally protected information.
Example, I have an employee in a state where medical marijuana is legal. If they had a medical marijuana card and took a drug test that was positive, that lab would not report the positive results due to the legal prescription, BUT, we are required by both federal and state law, to know of any medication an employee may be on that can impair their judgement while working within a specific location. In a case like this, every medication that can cause impairment is disclosed and no authorization is necessary from the employee. The labs will report the results even though it would otherwise be excluded based on legal prescription.
The number of occupations that require this isn't that big, but states like to play it safe and that's why jobs like medical professionals, drivers, crane operators/riggers, teachers, etc may have required disclosures.
I've had to do drug screens for my jobs and when I've filled out the paperwork before doing the screen, they ask about any medications I am taking, prescription or over the counter.
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