Posted by TexasChic on August 14, 2008, at 21:29:22
In reply to Re: What is the safe thing to do?, posted by Angela2 on August 10, 2008, at 20:55:42
I looked around the internet and this is what I found:
From the ADA regulations in the Code of Federal Regulations at Volume 29, Section 1630.13:
"Prohibited medical examinations and inquiries.
May an employer ask applicants about their lawful drug use?
No, if the question is likely to elicit information about disability. Employers should know that many questions about current or prior lawful drug use are likely to elicit information about a disability, and are therefore impermissible at the pre-offer stage. For example, questions like, 'What medications are you currently taking?' or 'Have you ever taken AZT?' certainly elicit information about whether an applicant has a disability.'
May an employer ask applicants about their lawful drug use if the employer is administering a test for illegal use of drugs?
Yes, if an applicant tests positive for illegal drug use. In that case, the employer may validate the test results by asking about lawful drug use or possible explanations for the positive result other than the illegal use of drugs.
Example: If an applicant tests positive for use of a controlled substance, the employer may lawfully ask questions such as, 'What medications have you taken that might have resulted in this positive test result? Are you taking this medication under a lawful prescription?'"
-T
poster:TexasChic
thread:845391
URL: http://www.dr-bob.org/babble/social/20080721/msgs/846287.html