UPDATED: Sep 30, 2022
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Hi I am prescribed Adderall XR 10 mg by my psychiatrist to treat my ADHD. I now
am applying for my TLC license to become an uber driver. I see that since this is a
controlled substance it will make me fail the drug test. Since I have my
prescriptions as proof will they still deny my application? I wasn’t sure on how this
Asked on April 21, 2017 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They can deny your application if the prescription could impair your driving ability: regardless of whether the medication is legal or not, and regardless of whether it is prescribed for a bona fide medical condition, an employer is not required to accept a higher risk of injury, damage, or liability due to the medication employees or prospective employees are on. So if the prescription could impair driving at all, they do not have to run the enhanced risk of an accident.
If there is no affect on driving and you can show that you have prescription, that they should not deny you for this reason: denying you employment because you are on medication for a medical condition could be construed as anti-disability discrimination, which is illegal. In this case, you could contact the EEOC or your state's equal/civil rights agency to file a complaint.
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 AttorneyPages.com 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.