Lawyers or legal experts, is this legal and do i have a case?

is this legal?





i live in ohio and i have been training for a job as a driving instructor. when i went and got my physical (state required physical, not company), the doctor put that it would not effect my ability to perform my daily duties. it has no adverse effect on me either. however, my employer is denying me employment as a result of taking the anti-depressant drug. keep in mind my doctor said it would not keep me from doing any of my duties. is this legal or do i have a law suit. thanks so much in advance. have a good day.Lawyers or legal experts, is this legal and do i have a case?
Disabling conditions, including those requiring the use of prescriptions meds, are protected under the Americans with Diabilities Act (ADA.) However, ADA only requires an employer to treat disabled individuals the same way that they treat non-disabled individuals. It does not require an employer to substantially change a policy in order to hire, promote, transfer, etc., an ADA-eligible individual.





Ask for a copy of their drug testing policy. If this employer has a policy that prohibits diving instructors from using any sort of drug (including Rx) that could impair mood, judgment, etc., then they are within their right to refuse to hire you. If they do NOT have a policy, and simply made a judgment call based on the test results, you may have grounds for a case.





Because the employer does not mandate drug testing itself, and simply reviewed the results of a state-mandated test, they have in effect used your personal health information to make an employment decision. If their requirement for this job does not include a bona-fide occupational qualification with respect to the use of controlled substances, they are asking for trouble.





Contact the dept of labor (www.dol.gov will have a link to an office close to you.) They will review your claim and if necessary, file a claim on your behalf against the employer for free. You may also want to check with an employment attorney who works on contingency (they get awarded a portion of the settlement they obtain for you.) Some offer free or low cost consultations.





Good luck.Lawyers or legal experts, is this legal and do i have a case?
I'm a lawyer, though not a litigator.





Generally, I don't think you have a great case here. I'm unaware of any ';protected class'; that exists for takers of anti-depressant medications, though you may wish to have a phone call with a plaintiff's attorney in Ohio who may be aware of any unique Ohio statutes or protections that may apply. Most contingency-fee plaintiff's lawyers will provide you with a free (confidential) consultation.
No case. There is no law requiring employers to hire people on antidepressants.
maybe if ur protected under the ADA
I doubt a lawyer would answer your question here. Attorneys' payment come from their time and knowledge. They rarely give it out for free. As for legal experts, if one of them answers, they are breaking the law. Only an attorney can give you advice. As a legal assistant, I recommend you contact the Bar Association in your area for a referral to an attorney who practices in Employment Law.
You don't have a case. All your employer-that-was has to say is ';We didn't hire him because we're concerned that he may forget to take his medication one day and what he might do if he did forget or missed his meds'; and the judge will buy it. You're talking about a job where you would be responsible for the safety of yourself and others, and an employer is clearly within their right to deny you employment for a condition that puts a client's safety at risk, even though your doctor said your condition doesn't affect your ability to perform your daily duties. They don't want to take the chance, and legally they don't have to.
I agree completely with Sarge927's response.





Good luck!