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Please refer to the Federal Govt. Web sites on Equal Employment Opportunity and the Americans with Disability Act. Just as below, the employer should only be asking about medication if they show there exists or there maybe a likeli- hood of harm based on on the inability of the employee to perform their job functions. EEOC and ADA do not provide protections for the use of any illegal drugs.

Q. Can an employer refuse to hire me because he believes that it would be unsafe, because of my disability , for me to work with certain machinery required to perform the essential functions of the job?

A. The ADA permits an employer to refuse to hire an individual if she poses a direct threat to the health or safety of herself or others. A direct threat means a significant risk of substantial harm. The determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job. An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.

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13y ago
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14y ago

It would be safer for your employer to stay away from this type of request because it will likely be in violation of ADA requirements for reasonable accommodations. If such a request has been made of you, make sure you document the situation and consult your physician about what impacts changing your medication schedule would have on your health. If it is necessary, for any reason, for you to take your medication at a time your employer would "prefer" you not, simply request in writing that they make a reasonable accommodation to allow you to take your medication per the schedule you or your physician have set. If they refuse to comply, consult an attorney. In fact, you might want to consult an attorney earlier on in the process as well.

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10y ago

It depends on the stage of recruitment you are at.

Before you attend a job interview, the employer cannot ask about any prescription medication or too much detail into any medical or health issues you have, This is to reduce discrimination and bias between the medically healthy and medically diagnosed.

At the job interview the employer can ask a little more about your medical details because they need to know what adaptations would need to be made for when you start employment. For example if you are hard of hearing, the employer will have to purchase and provide a special telephone for the hard of hearing.

During employment the employer can ask about your medication, but it is up to you whether you tell them. It is the employers responsibility to safeguard employees. By law the employer is bound to a duty of care. They will need to be able to have emergency medication available at the workplace for employees. For example, if you are diabetic, it is the employer's responsibility to make sure an emergency insulin shot or pen is available in the first aid kit for you. If the employer isn't aware of your medication, s/he cannot have an emergency supply ordered, therefore s/he cannot be held responsible of you have a health-related attack at work because you refused to inform them what medication you need.

If they are asking what medication you take for the purpose to discriminate (ie to fire you if you are taking anti-psychotics, for example), then the employer can be sued for discrimination and unfair dismissal.

Another reason they may ask is because some medications interfere with drug tests. Some employers may send their employees to a random drug test, especially if the line of work is easily endangered by people on drugs. Some medications can interfere with drug tests and cause a false positive, so the employer needs to know beforehand just in case.

So:

  • Before the interview - No
  • During the interview - Can ask about health issues but not about medication
  • Employment - Can ask for the purpose of safeguarding you and preventing false positives on drug tests. It is up to you whether you tell them or not
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14y ago

I believe it depends on which state you live in.

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13y ago

Certainly. Employers are legally entitled to know if you pose a danger to self or others. EMployer violates no law by knowing what meds you take.

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Q: Can an employer ask what prescription drugs I'm taking?
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Related questions

Can an employer refuse to hire you if drug test is positive with prescription drug?

An employer cannot base their hiring decision on whether or not a candidate is taking prescription medication. As a matter of fact, this is not a legal question for an employer to ask on and application or during an interview.


What do prescription drugs do to your body?

It depends on the drug. Ask your doctor about the medicine he prescribes.


May an employer ask about prescription medication if it prohibits the employee from operating a motor vehicle?

yes


What are the side affects of doing drugs?

It all depends if you are talking about prescription drugs or illegal drugs. If you are talking about prescription drugs, most have a low percentage of side effects that you need to consider, such as making you dizzy, nauseous, and so on. Ask your doctor about any prescription drugs before taking them. Now the side affects of illegal drugs are death, abusiveness, cardiac arrest, brain aneurisms, loss of teeth and bone strength, nasal cartilage collapse and so on. But the worst affect of the illegal drugs are that it affects you brain very very badly and can destroy cells in your body that you need.


When getting a drug test what do they look for?

If you mean a drug test for work where they are looking for illegal drug use or misuse of prescription drugs ( taking way too much) then the answer is : opiates, benzodiazepines, cannabis for example. Really depends on why you are being tested.Why do you ask? Are you doing drugs?


How to rid prescription drugs from the bloodstream?

It depends on the drug. Different drugs are metabolized by different processes in the body. Ask a pharmacist about the drug(s) you are interested in.


What are some prescription drugs?

prescribtion drugs most of them are usually prescribed for diseases like diabetes ,heart,rheumatic fever you name it ask your g.p


If you have the flu what OTC medication can you take if also taking a prescription drug?

The answer depends entirely on what the prescription drug is and what symptoms you want to treat with a flu medication. Your best approach to determine this is to talk to your pharmacist. Tell them what prescription drugs are taken, tell them the flu symptoms you want to treat and ask them to recommend over the counter medicines that will help with your symptoms and are compatible with your prescription drugs. We often forget the great resource we have in our local pharmacists, they are better able to answer this type of question than anyone.


What side affects are there taking drugs?

Depends on what drug and who you ask in my opinion.


Is it legal for a nurse to work while taking a narcotic prescription?

Legal, as it is a prescription. But whether it's allowed by the rules of the hospital is something that you'll have to ask your supervisor.


How can i write a prescription of bronchial asthma patient?

Only a qualified medical practitioner is allowed to write a medical prescription. If you need to ask the question above, you are not qualified and can not legally prescribe drugs!


How long after taking percocet will you be able to pass a random drug test?

Yes, it will****************************ONLY if you do not have a valid prescription for it. If you test positive for any drugs on the panel, you will get a call from a M.D. asking if you take the meds..they usually name them and then will be asked for a prescription #. Sometimes they will also ask for Pharmacy name and phone number as well. If you test positive for illegal drugs, well, ALL of us know the answer to that one.If you can provide all of the information. the Employer will be given a report for you as Negative on drug use.