ADA violation?

[johbkmj]

I was hired by a high profile company in Pennsylvania and I started working for them on August 2, 2015. Before hiring, I was required to take a drug test. I take doctor prescribed pain medication and this was found in my drug test. They called me, verified that I had a valid prescription and hired me. So they knew up front what medications that I was on. The medications do not affect my ability to do the job, I was doing it just fine.

On the third day, they were putting us through PIT training (the driving of heavy equipment). One of the questions asked if you take narcotics and I said yes. They wouldn't put me through the training because of the medications I was on. I was given a form for my doctor to fill out stating the medications I am on. I was not allowed to work until I got this form filled out.

So I got the form filled out and handed it in and went back to work. 2 hours on my day back they sent me home. I had asked about being transferred to another warehouse that does not require PIT training and they said they'd check into it. I was in a holding pattern waiting on them.

Today, they called me and asked if I was coming back to work. I told them that they were the ones that advised me that I had to wait. They lost the forms, so I had to scan them and email them to the HR department. She called me back and said that I wasn't allowed to come back yet, and I had to call another number to put in for unpaid indefinite medical leave until they could investigate and give me forms to fill out and for my doctor to fill out as well, wanting to know exactly what I take, how often I take it, the strength that the medication is. Being off work and being unpaid all this time has now put me behind on bills and I am now being evicted from my apartment due to failure to pay rent, due to no income. My eviction hearing is on September 3rd, in which I will get a date that I have to legally vacate my apartment.

I am a single mother and I am about to homeless because said company refuses to let me return to work, even though they hired me, knowing the medications that I took when they offered me the job and placed me in a warehouse that requires doing something that they won't allow me to do because of the medications I am on. My question is, doesn't this violate the Disability Act? Isn't this discrimination of some sort? Can you please help me understand what my rights are and if they are violating my rights? Thank you so much!

 

[Proserpina]

I was hired by a high profile company in Pennsylvania and I started working for them on August 2, 2015. Before hiring, I was required to take a drug test. I take doctor prescribed pain medication and this was found in my drug test. They called me, verified that I had a valid prescription and hired me. So they knew up front what medications that I was on. The medications do not affect my ability to do the job, I was doing it just fine.

On the third day, they were putting us through PIT training (the driving of heavy equipment). One of the questions asked if you take narcotics and I said yes. They wouldn't put me through the training because of the medications I was on. I was given a form for my doctor to fill out stating the medications I am on. I was not allowed to work until I got this form filled out.

So I got the form filled out and handed it in and went back to work. 2 hours on my day back they sent me home. I had asked about being transferred to another warehouse that does not require PIT training and they said they'd check into it. I was in a holding pattern waiting on them.

Today, they called me and asked if I was coming back to work. I told them that they were the ones that advised me that I had to wait. They lost the forms, so I had to scan them and email them to the HR department. She called me back and said that I wasn't allowed to come back yet, and I had to call another number to put in for unpaid indefinite medical leave until they could investigate and give me forms to fill out and for my doctor to fill out as well, wanting to know exactly what I take, how often I take it, the strength that the medication is. Being off work and being unpaid all this time has now put me behind on bills and I am now being evicted from my apartment due to failure to pay rent, due to no income. My eviction hearing is on September 3rd, in which I will get a date that I have to legally vacate my apartment.

I am a single mother and I am about to homeless because said company refuses to let me return to work, even though they hired me, knowing the medications that I took when they offered me the job and placed me in a warehouse that requires doing something that they won't allow me to do because of the medications I am on. My question is, doesn't this violate the Disability Act? Isn't this discrimination of some sort? Can you please help me understand what my rights are and if they are violating my rights? Thank you so much!

Which law do you think has been broken?

 

[johbkmj]

I was curious about the American Disability Act. I researched a little and some sites say yes and some were neutral from stories I had read. I'm not looking to be bashed please, just wondering.

 

[justalayman]

I was curious about the American Disability Act. I researched a little and some sites say yes and some were neutral from stories I had read. I'm not looking to be bashed please, just wondering.

You weren't being bashed. You were asked a simple question. Many people believe there are a lot of laws out there that really aren't out there so sometimes it is easier to ask what a poster believes is illegal and work from there.

 

[xylene]

You need to find a job that does not involve operating heavy equipment, especially if a license or test is involved. There is no reasonable accommodation that can you demand to get around that if you are using controlled substances, valid prescription or or not.

I am sorry about you difficult housing situation. I would recommend you look for some sort of relief or support or alternative new housing while you have time left. Unfortunately this situation with living very extremely paycheck to paycheck is not your employers problem. A delay of a few weeks while figuring this all out (if any solution could be found) is not your employers problem.

 

[ecmst12]

FYI, your employer most certainly did NOT know what drugs you were taking when you were hired. When you take a pre-employment drug test and it comes back positive, the TESTING COMPANY contacts you to verify your prescription. If they are able to verify that you have a valid prescription for whatever showed up in the test, they then report the drug test to the employer as NEGATIVE. Your employer never knows that anything was found, because the employer was only testing you for ILLEGAL substaces, not legal ones.

But just because the medications you take are legal does not mean that it's safe for you to operate machinery while taking it. That's a totally separate issue.

 

[Chyvan]

Being off work and being unpaid

File for unemployment benefits.

 

[johbkmj]

File for unemployment benefits.

I haven't worked there for 6 months. In Pennsylvania, you have to work for 6 months before you can get unemployment from a job.

 

[Proserpina]

I haven't worked there for 6 months. In Pennsylvania, you have to work for 6 months before you can get unemployment from a job.

As was explained, ADA accommodation absolutely does not require an employer to keep you on even if the medications you're taking are completely legal and legally obtained.

Being on pain meds is not a crime, nor is it a bar to many different jobs. But if your job involves the use of machinery, the company really doesn't have a lot of choice - their liability is far more critical than your healthcare needs.

Sorry, but they're not at fault here.

(Nobody is at fault, really - it's just the way the cookie crumbles)