Ask Me Help Desk - Saliva drug test to get job

I have not been offered a job, kroger had a job fair where they were only filling a few positions, but they are having all the people that came in for the interview (filled out the application) come to the store in 3 days to take a saliva test that just takes a couple of minutes in the store. I assume this is a method of elimination anyone that is positive and letting the other negatives move to the next step. At least this is the way Kroger is presenting this to me.
I take adderall by prescription and I guess I cannot pass and I will not give a clerk at the store a copy of my prescription as I do not know who else will see it or how many people in this small town I live in will then know I am on adderall, which is my medical information as far as I am concerned. I probably will not show up for the drug test as I do not know what else to do. If this is not a form of discrimation, before even giving me a chance to show what a good job I can do, then I do not understand discrimation. What else can I do?

You take the test and show them documentation IF you fail. Not discrimination, part of the job screening. The medication you are using is common and if you are not willing to comply with their regulations then why should they give you leeway? That would be discrimination against someone else. You seem to be a little hung up on your own circumstances, not Kroger's.

No, not discrimination, just their policy and they are entitled to it. You need not go, or make an issue of it, just move on to the next job site.

I agree with the others... its their right.. and actually responsibility to make sure nobody is on the job while under the influence of anything. There are people that abuse that drug... and they have the right to weed them out before hiring... or even after hiring.

Its not discrimination... there are certain jobs that are off limits even with legal prescriptions or if you have certain medical conditions. Talk with someone that has a CDL License sometime. That's just how it is.

You take the test, you already believe you failed. Most tests are testing for pot or crack or cocaine, not prescription medication.

Also, you will have to show your prescription and medical history for a lot of jobs, that is something you need to get said to.

Many places require drug testing, that is quite normal. I was in a situation where I was offered a job, signed the acceptance letter and then informed that it would be contingent upon both a background check and a drug test. Sometimes, when you take a drug test, you are required to list all medications that you are taking, sometimes not) I informed HR that I was a mmj patient, and it turned out that it would have been considered discrimination and potential lawsuit if they had not hired me for a positive for THC due to my seizure disorder.

In your situation, I would go and take the test - they are not allowed to share the results with anyone and if given the opportunity, you tell them what you are taking and show the Dr. prescription. Nothing to lose.

If it is a small town and you basically refuse to be tested because you fear that word would get around if you divulge what drug you are on, and let's assume that you are right that word might get around- couldn't word also get around that you applied for a job and didn't come back when you found that there would be testing. The folks that heard about that could assume that you were on illegal substances or any number of reasons.

If you search it, you will find that a high % of companies now require pre-employment drug testing (one site says 84% do). If you are taking a legally prescribed drug, and expect to get hired somewhere, chances are that you will have to bite the bullet and deal with the real world.

Discrimination charges could only be considered if you could prove that they did not hire you specifically because they learned of your disability. That could most likely only occur after the testing, not because they require testing.

I believe that LuckOrNOt is correct about discrimination based on disability, in consideration on the latest ADA (2008) guidelines (an excerpt from Americans with Disabilities Act Amendments Act of 2008 is quoted below; although proving that a disability was the reason for not being hired can be very difficult. )
"SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.

(a) DEFINITION OF DISABILITY.—Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as follows:
“SEC. 3. DEFINITION OF DISABILITY.
“As used in this Act:
“(1) DISABILITY.—The term 'disability' means, with respect to an individual—

“(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
“(B) a record of such an impairment; or
“(C) being regarded as having such an impairment (as described in paragraph (3)).
“(2) MAJOR LIFE ACTIVITIES.—

“(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
“(B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. "

Quote:

Originally Posted by Fr_Chuck

Most tests are testing for pot or crack or cocaine, not prescription medication.

To clear this up... Lortab/Vicodin, is a prescription medication. It shows up on a drug test as an opiate. Heroin is an illegal drug. It also shows up as an opiate.

Adderal is a prescription drug. It shows up as an amphetamine. MDMA/Ecstasy is an illegal drug which also shows up as an amphetamine. As is cocaine/crack. Crack is a derivative of cocaine.

With this said... If you have a legal prescription from a licensed doctor, you show your potential employer your prescription bottles.

Quote:

Originally Posted by smearcase

I believe that LuckOrNOt is correct about discrimination based on disability, in consideration on the latest ADA (2008) guidelines (an excerpt from Americans with Disabilities Act Amendments Act of 2008 is quoted below; although proving that a disability was the reason for not being hired can be very difficult. )
"SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.

(a) DEFINITION OF DISABILITY.—Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to read as follows:
“SEC. 3. DEFINITION OF DISABILITY.
“As used in this Act:
“(1) DISABILITY.—The term ‘disability’ means, with respect to an individual—
“(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
“(B) a record of such an impairment; or
“(C) being regarded as having such an impairment (as described in paragraph (3)).
“(2) MAJOR LIFE ACTIVITIES.—
“(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
“(B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. "

This would apply only if the OP is in the US.