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This message has been cross posted to the following Discussions: All Member Forum and Rehabilitation and Disability Case Management .
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IARP,

I have a client with a seizure disorder who was prescribed depakote, diazepam, lipitor, lisinopril, and trazadone.
The client recently interviewed with companies, was sent for drug testing, and was denied employment, due to the diazepam.  Does anyone know of a form letter or reference I can provide to my client to pass on to the testing facility for the future?

Thanks,
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Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
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Brian:

Did the employer participate in an interactive process with the prospective employee?  If not, I can almost assure you that the EEOC would be considered a violation of the ADA.   In fact, I think there is a court case very similar to this.  I will check with my sources and let you know what I find out. 
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Steve Allison, CEO
Physical Therapist
sallisondpt@fcexpt.com
Bossier City, LA United States
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Original Message:
Sent: 05-21-2014 07:54
From: Brian Harmon
Subject: Pre-Employment Drug Test

This message has been cross posted to the following Discussions: All Member Forum and Rehabilitation and Disability Case Management .
-------------------------------------------
IARP,

I have a client with a seizure disorder who was prescribed depakote, diazepam, lipitor, lisinopril, and trazadone.
The client recently interviewed with companies, was sent for drug testing, and was denied employment, due to the diazepam.  Does anyone know of a form letter or reference I can provide to my client to pass on to the testing facility for the future?

Thanks,
-------------------------------------------
Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
-------------------------------------------

Original Message------

Brian:

Did the employer participate in an interactive process with the prospective employee?  If not, I can almost assure you that the EEOC would be considered a violation of the ADA.   In fact, I think there is a court case very similar to this.  I will check with my sources and let you know what I find out. 
-------------------------------------------
Steve Allison, CEO
Physical Therapist
sallisondpt@fcexpt.com
Bossier City, LA United States
-------------------------------------------






Original Message:
Sent: 05-21-2014 07:54
From: Brian Harmon
Subject: Pre-Employment Drug Test

This message has been cross posted to the following Discussions: All Member Forum and Rehabilitation and Disability Case Management .
-------------------------------------------
IARP,

I have a client with a seizure disorder who was prescribed depakote, diazepam, lipitor, lisinopril, and trazadone.
The client recently interviewed with companies, was sent for drug testing, and was denied employment, due to the diazepam.  Does anyone know of a form letter or reference I can provide to my client to pass on to the testing facility for the future?

Thanks,
-------------------------------------------
Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
-------------------------------------------

Original Message------

I was thinking the same thing. Sounds likean ADA violation and I would have the client follow up with the EEOC….

 

Mike MacGuffie, M.Ed., MRC, CRC

Certified Rehabilitation Counselor

Markey & Company

2805 Tremainsville

<place w:st="on"><city w:st="on">Toledo</city>, <state w:st="on">Ohio</state><postalcode w:st="on">43613</postalcode></place>

419-480-1726

419-480-1732 fax

 

CONFIDENTIALITY NOTE
This e-mail contains confidential information from Markey & Company, Inc.and is intended solely for the use of the individual named on thistransmission. If you are not the intended recipient, you are notified thatdisclosing, copying, distributing or taking any action in reliance on thecontents of this information is strictly prohibited. If you are not theintended recipient of this e-mail, to prevent future transmissions like this,please notify Markey & Company, Inc.

The client interviewed for the positions, and received a conditional employment offer.  The client disclosed meds to the screening facility.  The test was positive for benzos.   I drafted a letter on the clients behalf he can provide to the screening facility outlining his protection under Title I of ADA, and the testing facility is not authorized to release info of his disability, impairment, or prescribed medications to the employer.

Will have client obtain an updated medical note from his physician with list of prescribed RXs; and attach the medical note to our letter.



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Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
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Original Message:
Sent: 05-21-2014 10:22
From: Judith Drew
Subject: Pre-Employment Drug Test

The ADA allows for conditional employment offer based on successful med screening. Did your client disclose meds during med screening? Did the employer state a list of drugs not accepted - how did the lab report the results? The questions are critical to determining ADA violations

Sent from my Windows Phone

Original Message------

The client interviewed for the positions, and received a conditional employment offer.  The client disclosed meds to the screening facility.  The test was positive for benzos.   I drafted a letter on the clients behalf he can provide to the screening facility outlining his protection under Title I of ADA, and the testing facility is not authorized to release info of his disability, impairment, or prescribed medications to the employer.

Will have client obtain an updated medical note from his physician with list of prescribed RXs; and attach the medical note to our letter.



-------------------------------------------
Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
-------------------------------------------






Original Message:
Sent: 05-21-2014 10:22
From: Judith Drew
Subject: Pre-Employment Drug Test

The ADA allows for conditional employment offer based on successful med screening. Did your client disclose meds during med screening? Did the employer state a list of drugs not accepted - how did the lab report the results? The questions are critical to determining ADA violations

Sent from my Windows Phone

We don't have a form that we use, but we encourage the injured worker to disclose the use of prescription medication on both the post offer of employment health questionnaire, as well as to any testing company.  For those individuals with a complex medication regimen, as your client has, we would ask the prescribing physician to sign a letter that we prepare or write one himself. The letter should indicate what the medications are and confirm the individual's ability to work within appropriate parameters.
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Carla Seyler
Rehabilitation Counselor
carla@seylerfavaloro.com
New Orleans, LA United States
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Original Message:
Sent: 05-21-2014 07:54
From: Brian Harmon
Subject: Pre-Employment Drug Test

This message has been cross posted to the following Discussions: All Member Forum and Rehabilitation and Disability Case Management .
-------------------------------------------
IARP,

I have a client with a seizure disorder who was prescribed depakote, diazepam, lipitor, lisinopril, and trazadone.
The client recently interviewed with companies, was sent for drug testing, and was denied employment, due to the diazepam.  Does anyone know of a form letter or reference I can provide to my client to pass on to the testing facility for the future?

Thanks,
-------------------------------------------
Brian Harmon
Bilingual Rehabilitation Counselor
blh@harmonrehabilitation.com
Bensenville, IL United States
-------------------------------------------