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Can an Employer Refuse to Hire or Accommodate Worker Because of their Prescribed Medication?
Oct 18, 2022
Employer Tip of the Month
By the Law Office of Stephen Fiegel
Let’s say you found the perfect job applicant for a position within your company and offer the person the job. During a company-ordered medical examination, however, the worker reveals that they have Attention Deficit Hyperactivity Disorder (ADHD) and take prescribed medication to treat it. Can you withdraw the job offer without fear of repercussions? That depends on whether you failed to make any individual assessment of the worker’s medication use or whether it would affect their ability to safely perform the essential job functions of the position. If no such individual assessment was made, you probably violated federal law.
The federal Americans with Disabilities Act (ADA) forbids discrimination against an individual because of disability. It is illegal for employers to discriminate against someone because of a disability, including refusing to hire or accommodate a worker because of use of prescribed medication to help with treatment. An employer cannot rely on broad stereotypes about disability or medication use to justify a decision not to hire a qualified individual with a disability. Thus, it is unacceptable – and unlawful – to refuse to hire someone with a disability because the employer has general reservations about the use of a medication. An employee should not have to decide between pursuing a livelihood or following a doctor’s advice.
If you have any further questions or need any additional information about workplace accomodations, please contact me for a FREE confidential consultation
at (916) 333-4653
or Stephen_Fiegel_Esq@comcast.net
.
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About the Chamber
The Carmichael Chamber of Commerce began on January 9, 1948. Originally called the La Fiesta District Chamber of Commerce, a small group of business owners had the task of helping the business community grow. With Edward Morgan as its first President, the Chamber became the voice and ears of the community, responsive to it ever-changing needs and concerns. Fast Forward to 2024, The Carmichael Chamber of Commerce continues to help Carmichael thrive by fulfilling our mission of connecting business with community. Join us today and build connections that will last a lifetime.
Email us:
execdir@carmichaelchamber.com
You can also find us here:
Address: PO BOX 265
Carmichael, CA 95608
TaxID: 94-1227126