I am a RN, was offered my dream position, accepted, but the offer was withdrawn based on medications I take.?

Question

I have SLE, MS, CAD, HBP, epilepsy, sjogrens and quite severe GASTROINTESTINAL ISSUES . I take medications that keep me healthy functioning. When I'm on HIGH dose Steroids for SLE/MS I must take xanax/ valium to prevent a true streroid psychosis,I take Marinol 5 mg TID to QID for the gastro issues-without it I can't eat-and I loose weight rapidly.On my pre-employment screening-the NP was told EXACTLY what meds I am prescribed,by whom and why I take them. No problem-these are all legal prescriptions and you can start next Tuesday. Tuesday came, I went-was told the job offer was withdrawn based on medical board exam of the medications I take--all legally prescribed medication-but, because of the Marinol-it is legal script for severe gastro issues but, becuz THC in Marinol shows on urine drug test false positive for majiuania.WHAT LEGAL RIGHTS &HOW CAN I "SUE" HOSPITAL FOR NOT HIRING aRN-with EXCELLENT credentials25 yr experience-sue the hospital-?what r my legal rights?helP

Answer 1

This is from the website by the makers of Marinol describing the uses approved by the FDA:
"MARINOL is approved for two uses. MARINOL treats nausea and vomiting associated with cancer chemotherapy in patients who have failed to respond adequately to conventional treatments. MARINOL also treats appetite loss associated with weight loss in people
who have acquired immunodeficiency syndrome (AIDS)." Would off-label use matter to the medical review board? Also, it is widely accepted that Marinol use gives a false positive for marijuana; however, upon presentation of a script for Marinol, the false positive is supposed to be nullified. Unless you're not telling us everything, I would go to your state human rights office and the EEOC and file a complaint. Good luck -

Answer 2

If you did not sign a contract for employment, and were not hired, (i.e., had your first day of work), you have no legal recourse. A job offer can be revoked at any time prior to the start date by the employer - it is their right. Are you sure that the job offer was not made pending the results of the drug testing? The discrimination claim you may or may not have would only be as good as your ability to prove that you were discriminated against - I'm not sure that these circumstances rise to the level of that. In hiring matters, discrimination can easily be circumvented by employers by saying that it was their opinion that this applicant was not fit or able to perform the duties of the job or a candidate that was better qualified and more able was a better fit for the position. You can't make someone hire you. A paraplegic may want to drive a truck for a living and may well be able to drive a truck for a living with the right accommodations - if a trucking company does not hire him over all other applicants it does not necessarily constitute discrimination based on his disability. Age and disability discrimination are easier cases to claim and potentially prove when you've been fired from a job rather than when you haven't been hired for a job. If this happened in November, it is time for you to move on and find a job in a place where you will be valued and happy. The longer you stew in this, the more your hard-won nursing skills will get rusty. Get back in the game! Good luck to you!

Answer 3

Legal Issues:

1. Can you prove they offered you the job? Your have more rights as a prospective employee than as an applicant. was it conditional on anything?

2. What state and city are you in? There may be state or local laws that help you?

3. Can you perform the basic functions of the job with or without reasonable accommodation? Why is that accommodation reasonable for this employer?

4. Do you conditions severely impair a major life function? Which one?

5. Can you prove the hospital perceived you as disabled?

6. Can you prove why the hospital withdrew the offer?

Those are the questions that I would ask before taking your case. After answering them to yourself, if you think you have a case find a good employment attorney.

Answer 4

It sounds like a violation of the "Americans with Disabilities Act." They should be making accommodations for you if you are qualified. There is a nice questions and answers website run by the Department of Justice: http://www.usdoj.gov/crt/ada/q%26aeng02.htm

This is a Federal civil rights issue enforced by the EEOC. You may want to discuss this with a labor lawyer.

Answer 5

it clear to me you will miss many work days in a year for various medical issues. Perhaps they want someone who will not take a sick day every week. Also your lengthy post shows some disorganized thinking perhaps they became concerned about it. Your immediate desire to sue someone is also concerning.

Answer 6

Sounds like discrimination to me. Sue the bastards.