104 replies to this topic

[NapisaurusRex]

How is it discrimination?

Because they have a prescription for it. You couldn't directly ask them if they had a prescription because of medical confidentiality, but if they did and you didn't hire them because of they tested positive, then you're discriminating them for their health.

[iargue]

I don't think small businesesses give two figs whether their employees go cockfighting at the weekends, or play illegal gambling games with their wage packet.

Actually, thousands of people are let go for their illegal activities. Its common practice to fire people for DUI's and many other illegal activities. Anything that reflects negatively on a company usually will get you fired. (For corporations, small businesses don't fire as often)

Because they have a prescription for it. You couldn't directly ask them if they had a prescription because of medical confidentiality, but if they did and you didn't hire them because of they tested positive, then you're discriminating them for their health.

Actually, your discriminating against them for being a retard. When you go to take a drug test, they ask you if you are on any substance that would give them a positive on the drug test. That is your opportunity to tell them that you have a prescription and provide them with the prescription. This prevents them from not hiring you upon that basis. Since drug tests are only done to people before they are officially hired, if you give your prescription and they choose not to hire you, then you have a discrimination suit.

If you fail or refuse to give your prescription to them, then you are choosing to not be employed. They do not have to know why you are taking the medication, but as long as it is illegal, they have no basis for denying you employment (And I have never heard of anyone doing this)

[NapisaurusRex]

Actually, your discriminating against them for being a retard. When you go to take a drug test, they ask you if you are on any substance that would give them a positive on the drug test. That is your opportunity to tell them that you have a prescription and provide them with the prescription. This prevents them from not hiring you upon that basis. Since drug tests are only done to people before they are officially hired, if you give your prescription and they choose not to hire you, then you have a discrimination suit.

If you fail or refuse to give your prescription to them, then you are choosing to not be employed. They do not have to know why you are taking the medication, but as long as it is illegal, they have no basis for denying you employment (And I have never heard of anyone doing this)

Actually, you're wrong. That's prohibited by the Americans with Disabilities Act. You do not have to give your employer information about your personal health, including prescriptions, unless you are in a safety related occupation and they can't ask unless they can prove that it's job related and necessary.

Edit: Where did my link go??
http://www.eeoc.gov/...-inquiries.html

Edited by Napiform, 21 April 2012 - 07:50 AM.

[Sweeney]

Actually, thousands of people are let go for their illegal activities. Its common practice to fire people for DUI's and many other illegal activities. Anything that reflects negatively on a company usually will get you fired. (For corporations, small businesses don't fire as often)

Herpa derpa.
After they're caught, sure.

But no company preemptively tests for crimes that haven't been caught.

[Silky]

I believe in drug testing at work 50%, a company pays its employee expective the most productivity that employee can give during the hours they are being paid too do so why would they want someone under the influence who is more likely to make a mistake for the lack of clarity in their mind.

On the other hand I believe that what one does in his or her free time is that persons business and if it dosnt lead to slacking or lower work attendance then it should stay his or her business

For example where I work now is a gas analysis lab and the owner of the company is an open minded older woman her original policy was do whatever on your free time don't let it interfere with work, but now adays due to other companies policy's we are required to take random drug test (very few it seems) but it dosnt bother me.