After I failed a drug test I was not fired but sent to outpatient drug rehab. I stopped using drugs and maintained my job at the same time I went through rehab. All my drug tests were negative and I passed the drug rehab program. Then I was called into the office, and my supervisor said I was a hazard and I had a choice to resign or get fired. I have lost my job, income, insurance, without any warning. I thought they were there to help me. Are there any legal actions I can take or do I just do nothing? Thanks.
Ann Kiernan replies:
Under the Americans with Disabilities Act, a recovering or recovered addict who is not currently using illegal drugs and who has completed or is currently participating in a drug rehabilitation program is protected from discrimination because of his disability, record of a disability or because an employer regards him as disabled.
Just a few months ago, the EEOC brought a case on behalf of a man who was receiving methadone as part of a clinically supervised chemical dependency treatment program. He had been offered a laborer’s job, but the company then rescinded the job offer, claiming that he was a safety risk. The company settled by paying the man $85,000 and hiring him for the laborer’s job.
You should consult a local employment law attorney for more information about your rights and how to protect them. If you do not know such a lawyer, you may want to search your state’s listings awat the National Employment Lawyers Association, www.nela.org, or to contact your local bar association for a referral. Good luck.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.