Posted by Mememe on December 21, 2003, at 4:43:27
In reply to Med legalities and employment...., posted by KellyD on December 20, 2003, at 17:13:28
> Britton post started a "wonder about that..." mode in my mind regarding the use of prescription medications (stressing PRESCRIBED drugs) and employment.
>
> My employer encourages disclosure of meds that may effect work preformance. They do not ban certain meds and if it's determined the med does, indeed, effect negatively on your ability to preform the tasks of your job... they must give you another job with different tasks or go through the disablity channels. You cannot be fired for this issue, alone.
>
> The company my husband works for has similar policies.
>
> I'm in the US. Are my husband and I just lucky or is this the policy that should be followed from a legal standpoint?
>
> Anybody know?
>
> Thanks,
> KellyKelly,
If the state where an employee lives is a hire and fire "at will" state, then the employer can fire that employee without giving a reason, so it's possible to get fired for being on prescription medication. There, unfortunately, still exists a stigma with meds, and you never know when you will run across a boss who is not educated on meds. Noa's idea is a great one. If you are required to provide the info about the medications, then you need to do so; but, I think it can be a risky idea to "volunteer" the information if not asked.
I think it is great that there are companies out there that have policies to help people who are on medications, and I do think you and your husband are lucky. I have not heard of such formal policies before. What industries are you and your husband in?
For companies without such policies, if an employer does fire the person because he finds out the employee is on the meds, the employee may be able to sue if the employee can establish his or her depression (or anxiety, etc) is a "disability" that the employer is discriminating against the person for having. The court may determine that the employer is required by law to "reasonably accommodate" your depression (or anxiety, etc) by allowing you to be on meds, as well as allow other benefits such as changing positions. The court will balance the factors to determine if it is unreasonable to expect an employer to go to that length to accommodate the employee, depending on the field of employment and overall cost to the employer. However, if the employer can point to any other bona-fide reason for firing the employee, then it's awfully difficult to win a discrimination claim based on the disability.
I applaud your and your husband's employers and their policies.
poster:Mememe
thread:291966
URL: http://www.dr-bob.org/babble/20031219/msgs/292063.html