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 12 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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