Is this disability discrimination?

UPDATED: Sep 30, 2022

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Is this disability discrimination?

I have 30 service connected
disability. 20 of that is for
back pain. For the back pain I’m
prescribed tramadol. I recently
have been going thru the long
process of getting a job with the
Trasportation Security Admin. They
sent me a letter saying that they
weren’t going to higher me cause I
take tramadol.

Asked on November 16, 2016 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Tramadol apparently has the potential to affect balance, vision, coordination, and even to cause hallucinations, among other side effects. If any of the drug's effects would make it difficult to do this job or present a safety hazard to either you or others, or risk of damage to the employer's properry, they may legally refuse to hire you for this reason: the law does not make an employer expose itself or others to risk or liability, or hire someone taking a substance that impairs his ability to do the job. Only if there is no potential impact from the drug on the job or safety might this be discrimination against you due to yiur medical condition; if yiu believe that is the case, contact the federal EEOC.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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