Can an employer ask what your medical condition is after your prescription medications show up in a pre-employmentdrug screen?

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Can an employer ask what your medical condition is after your prescription medications show up in a pre-employmentdrug screen?

Asked on September 18, 2011 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking I think that an employer has a right to ask for clarification and to ask you to give a legitimate reason and purpose for the drugs that came up in the tox screen.  I think that the issue needs tobe handled very delicately and in protecting of your right to privacy.  But I do think that they can ask.  You have a right - and an employer an obligation - not to be discriminated upon if you have a condition that requires that you take drugs that wil come up positive in a tox screen. I would contact the Department of Labor in your area to discuss the matter in a bit more detail.  Your rights and the rights of your future employer have to be balanced and that is not always an easy task.  Good luck. 


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