Previous Drug History

[bkgriller]

Hello,

I was offered a job until they found out about my previous drug addiction. I have been clean and in recovery for the past 4 years.
Would I have reason to look into a lawsuit under the ADA?

Thank you in advance for any help!

 

[drruthless]

Hello,

I was offered a job until they found out about my previous drug addiction. I have been clean and in recovery for the past 4 years.
Would I have reason to look into a lawsuit under the ADA?

Thank you in advance for any help!

No.

Congratulations on four years!
.._________________________
~ The only thing in life achieved without effort is failure.

 

[bkgriller]

No.

Congratulations on four years!
.._________________________
~ The only thing in life achieved without effort is failure.

Thank you for your reply.
So there is no protection against discrimination?

 

[commentator]

Did anyone with the company specifically tell you this was the reason you were not hired?

 

[cbg]

You MAY have some recourse, but please answer commentator's question first.

 

[latigo]

So there is no protection against discrimination?

Sorry about that. It is sad. Being jobless is sad.

But discrimination? I suppose that in the broader meaning of the word what you have unfortunately experienced can be seen as discriminatory. But the high risk of relapse and repeated recurrences are well known. It isn't a well kept secret. And if the employer has a choice, well . . . .

Anyway a history of drug abuse is not classified in the same category as race, age, gender, religion, national origin, physical or mental disability. Each of which are human conditions and (sometimes) proper subjects of forbidden discrimination in the work place.

Don't give up. Don't disclose unless absolutely necessary. And don't relapse! Every day drug free can mean another or more at the end.

 

[bkgriller]

They did state that was the reason. I even asked if i would ever be eligible with years clean and she stated that "your past is your past".

 

[STEPHAN]

What kind of job?

 

[cbg]

They did state that was the reason. I even asked if i would ever be eligible with years clean and she stated that "your past is your past".

I think they may regret that.

While CURRENT drug use is not covered under the ADA, it is a violation of the ADA to hold a history of past drug use and rehabilitation against an employee/applicant. It can't hurt to contact the EEOC or an employment law attorney, or both.

 

[bkgriller]

The job was a security systems technician for a school district.

 

[quincy]

What kind of job?

Excellent question, STEPHAN.

A history of drug abuse can limit employment in some fields. Education, when it involves working around children, is one of those fields.

I am curious how the drug history became known. A criminal record? Disclosed by you, bkgriller, or discovered by the employer?

I applaud you for staying clean for 4 years.

 

[bkgriller]

Questionarre pre lie detector test...i do not have a record.

 

[quincy]

Questionarre pre lie detector test...i do not have a record.

What is the name of your state?

 

[bkgriller]

Florida... palm beach county

 

[quincy]

Florida... palm beach county

Thank you for providing your state name, bkgriller.

I'm sorry but I don't know exactly what being a security systems technician for a school district entails. Would it put you in contact with children or with children's confidential information?

I can tell you that school districts can be held liable for negligent hiring if they know (or should know) of a problem (or potential problem) with an applicant and they hire the individual anyway.

That you have no criminal record is a positive. That you have been clean for 4 years is a positive. I am not sure what difficulties you had with drugs.