Originally Posted by
Jon1970
I am on the prescription drug Vyvanse which is a form of the drug Adderall. I recently failed a pre employment drug screening that said I was on ampetamines. The drug testing faciilty told me to provide a copy of my prescription for adderall which I did and they then passed me. I want to know if in the future is there a way to avoid this from happenning? Is there a way to make it so drug screenings do not show this? I really do not want prospective employers to know that I have ADHD and Asperger Syndrome because I am afraid that I will face job discrimination.
Also, does anyone know if when a drug testing facilities reports the results to a prospective employer do they usually pass on information like that saying I am legally on a prescription drug or do they just report pass or fail?
You are absolutely correct that potential employers are not allowed to test for prescription drugs. That could lead to the potential disclosure of a disability and influence a hiring decision. That is the very essence of the ADA.
If you provide a prescription prior to a drug test then you voluntarily waive your right to confidentiality through self disclosure. It can then be provided to the employer directly. If the test is properly performed then the testing laboratory will not accept your prescription. There is nothing lab personnel can do with it. Rather, if your sample is returned positive then an MRO* calls you and then you provide information about the prescription. When dealing with an MRO the information developed remains part of a
medical record and (s)he directs that the sample be returned
negative with no information provided to the employer.
Vyvanse is a prodrug that creates dextroamphetamine through the metabolic process. So it will continue to show up on basic drug screens as amphetamine even though it isn't tested for.
If you feel that you were discriminated against due to the presence of this drug you have specific recourse through the ADA-EEOC. The information should not have been transmitted to the potential employer. The only person authorized to contact you is an MRO and they are not allowed to transmit that information to the employer.
One additional fact. Most employers do not drug test until they have decided to hire and made a conditional offer in writing. At that point they are not in a position to rescind the offer based on the prescription result or the disclosure of a disability. Once again the intent of the ADA. So hopefully you will not encounter this in the future. It is rare for an employer to spend money on
every applicant as a screening tool.
*Medical Review Officer, a licensed medical doctor.
DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)