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Do I have to disclose my meds?
Jan 11, 2012

I applied for a job and the employer wanted to know what meds I was taking, and I did not put it on the application, so they resended the job. they do random drug testing, and I am on atripla which give you a false marijuana test. please tell me what my options are concering this matter, I really need the next job that is coming up, i was told to reapply in 6months, and it is time, thanks for you advice Brad

Response from Mr. Chambers

The Americans with Disabilities Act prohibits potential employers from asking any question about an applicant's health other than whether or not he or she can perform the job duties. They are even prohibited from requiring a pre-employment physical exam until after a formal job offer has been made. While you might be able to challenge their refusal to hire you with the federal Equal Employment Opportunities Commission, that won't necessarily get you the job, assuming you still want to work there. However, in the real world, many employees ignore or are unaware of this so they ask questions that are essentially illegal, and as someone wanting to get hired, you are limited in what you can do. Just asking why they are asking or trying to tactfully question the legitimacy of question, could easily knock you out of the running for the job in this down economy. You can always answer "None" to the medication question, but if the form states that by your signature, you are confirming the answers to be honest and complete, that gives the employer grounds for later termination based on filing a false application. Let's face it; there is no good answer for this dilemma. I don't mean to "cop out" but if they flout the law so blatantly, do you really want to work there?

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