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Could this be a possible double edged sword?

63041536304153 4 Posts
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A question was asked of me by one of our supervisors.  We currently hire persons with valid perscriptions for certain drugs (i.e. pain medication) that are prescribed by a doctor with completetion of a drug screen with acceptable level indicators.  However, we will not hire persons who are on the drug Methadone for use of the treatment of addiction.  Could this be seen as a legal problem later on? 
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="6304153"]A question was asked of me by one of our supervisors.  We currently hire persons with valid perscriptions for certain drugs (i.e. pain medication) that are prescribed by a doctor with completetion of a drug screen with acceptable level indicators.  However, we will not hire persons who are on the drug Methadone for use of the treatment of addiction.  Could this be seen as a legal problem later on? [/quote]

    If the applicant does not have a current issue with illegal drug use, then I'm pretty sure you are vioatling ADA by not hiring on that basis.

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  • 46121554612155 31 Posts
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    How are you even finding out this information? You shouldn't be asking them if they take any prescribed medication.You should be drug screening for certain things and if it comes back positive then the doctor can request a list of prescriptions from the candidate to determine if they are what caused the positive result. FYI-most prescription drugs won't cause a positive drug test unless you are specifically screening for them....... At least that is how ours works here. I may be wrong, but it seems like you are flirting with the line a little bit here........
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  • jonijohnstonjonijohnston 10 Posts
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    While I am not an attorney, I definitely think you could be in hot water for refusing to hire someone who is on Methodone.  As per http://www.mrinc.com/ADA.htm:  A person who takes morphine for the control of pain caused by cancer is not using a drug illegally if it is taken under the supervision of a licensed physician. Similarly, a participant in a methadone maintenance treatment program cannot be discriminated against by an employer based upon the individual's lawful use of methadone
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  • IT HRIT HR 595 Posts
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    What is the rationale behind this?  If you are ok with other prescription drugs, then why not this one?  Have you asked your MRO about this? 
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  • cappycappy 217 Posts
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    How would you know they are taking Methadone?
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="cappy"]How would you know they are taking Methadone?[/quote]

    ...and how would you know it was being taken for the treatment of addiction?  It is also used for plain old fashioned pain management.

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  • IT HRIT HR 595 Posts
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    If you are a member of SHRM, they are hosting a webcast about workplace drug testing tomorrow (April 29th) at 2pm EST.  They are supposed to talk about legal requirements and pitfalls to avoid. It may be worth your while to attend.
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  • SFbaySFbay 156 Posts
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    Methadone is a legal medicine under federal law.  Therefore you are treating people using it differently than you are treating people who use other legal medications.  A former user of illegal drugs is protected from discrimination under the ADA if he or she is in or completed a supervised
    rehabilitation program and is obviously no longer using illegal drugs.

     Some info from the white house's office on drug policy:

     "Methadone is a legal medication produced by licensed and approved
    pharmaceutical companies using quality control standards. Under a physician's
    supervision, it is administered orally on a daily basis with strict program
    conditions and guidelines. Methadone does not impair cognitive functions. It has
    no adverse effects on mental capability, intelligence, or employability. It is
    not sedating or intoxicating, nor does it interfere with ordinary activities
    such as driving a car or operating machinery. Patients are able to feel pain and
    experience emotional reactions. Most importantly, methadone relieves the craving
    associated with opiate addiction. For methadone patients, typical street doses
    of heroin are ineffective at producing euphoria, making the use of heroin less
    desirable"

     http://www.whitehousedrugpolicy.gov/publications/factsht/methadone/index.html

     

     

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