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What are my legal options if a lab reports a false positive drug screening to my employer resulting in me not being hired.

Angleton, TX |

Before the drug test was administered I showed the nurse my prescription bottle (Adderrall XR) and asked her to note that I take the drug daily for ADD. She told me that they do not list any drugs taken. Furthermore, she explained if the employer had an issue with my results they would contact me for medication verification. However, when the test results came back, my employer did not follow through with the hiring process stating that someone from the lab should have contacted me to get my presciption history before submitting the test results to them. No one ever contacted me; therefore the prescribed Adderall was never reporting leading to a positive drug test.

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Attorney answers 2


Did they give you an opportunity to explain the results? Did you offer to show them your ongoing script for the medication?

There may be an question of disability discrimination based upon how they handed the drug screening and made decisions after they obtained the results. You should speak with a local employment discrimination lawyer about your case.


You could bring a legal claim. Since there is no law directly on point, it is always an uphill legal battle, but not an impossible one.