Can your employer fire you for taking prescription medication

Asked almost 5 years ago - Mobile, AL

I was recently fired for taking prescription medication a weight loss pill adipex that contains amphetamines and it showed up when I had to take a random drug test.Other employees have taken the same thing and they are still employed its not and illegal drug

Attorney answers (2)

  1. Answered . In Alabama, your employer can fire you for whatever reason they want except because of your race, sex, age, religion, national origin, or disability. Also, they cannot fire you if you have a contract or "solely" because you filed a workers compensation claim. The only way you can take action against them is if you can prove the medication issue was a pretext for one of these other reasons or if you can show you had a contract, and they breached it.

  2. Answered . You may consider consulting with an employment attorney about potential ADA issues. The fact that adipex is a weight loss medication raises a potential issue related to obesity. Obesity is not a disability under the ADA but addressing obesity is often a means of addressing other medical issues that may qualify as disabilities within the meaning of the ADA.

    The EEOC recognizes that, while obesity is not considered a disabling impairment, a person with obesity may have an underlying or resultant physiological disorder, such as hypertension or a thyroid disorder. A physiological disorder is an impairment.

    This seems like quite a reach given the information provided but is something to consider nonetheless.

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