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Drug Screening Discriminations
Oct 26, 2005

In january of this year I was hired at a local retail store, this hire was contingent on my taking a drug test. I went to the lab and informed them that I was currently taking a medication (Sustiva)that had been documented as creating a false positive for Cannabis. A few days later I was contacted by the MRO who informed me the test had come back positive. The MRO then asked me what medications I was taking that I believed caused a false positive. Not knowing my rights I disclosed that I was taking Sustiva and it caused a false positive for cannabis. He replied to me that this medication had not been written up in the " New England Journal of Medicine" and therefore there was nothing they could do. I also asked if they could run a gas spectrometry test to confirm the false positve drug result. I was denied. And was not hired for the position. My question is , is this procedure legal? Are they allowed to ask the specific medication, and am I obliged to disclose that information. I have checked several websites regarding this issue (including yours) and have gotten conflicting statements. I feel that this issue is preventing me from getting a job. And have all but given up on looking because of this issue. Please help.

Response from Ms. Breuer

Don't answer the question about which drug might have caused the reaction. Instead, tell them they can get an accurate test result only by using the GC/MS test: gas chromatography/mass spectrometry. If you keep the emphasis on accuracy, not on whether they want to spend the money on a different test, you're more likely to succeed.

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