I am on prescriptions for Adderall and Xanax as is my husband. When I went in for the screening they did an onsite saliva test and I mentioned the Adderall but not the Xanax. They looked at my drug screen and automatically said you failed. When my husband went in to interview for the job the next week he did not mention to the screener that he was on any medicaiton he also, most likely still had marijuana in his system. He got the job. I was still offered employment and was told that I would be contacted by HR and would have to go in and have a urine screen done and have my prescriptions signed off on. I was never contacted by HR. All my communication with my recruiter was through email. They even pushed my start date back because HR was "backed up." This has caused serious issues in our lives now as I was told that I would have a job. My husband and I would have been on different shifts. My husband would be able to attend school that way now he may not be able to attend the school he was accepted into if I cannot find a schedule that works around his. I believe I was discriminated on either due to the fact that I am a Female or due to the fact that I have a medical condition.
Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do no not have to give employees any reason either. Declining to hire someome based upon failing a drug test is not discriminatory per se. Unless the employer uses that excuse not to hire women, while hiring men for the same job. According to your facts, your husband got the job you applied for; and then they said you were hired for another job, but on another shift, or in some other place that will not allow you and your husband to do everything exactly the way you wanted it to be; is that right? If you think this was discriminatory, then you should contact the Florida Commission on Human Relations (FCHR) here in Tallahassee. The FCHR's toll free telephone number is (800) 342 8170; or you can call them at (850) 488 7082. Ask to speak with an Intake Counsellor. You do not need a lawyer.
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