Posted On: November 11, 2009 by Greenberg & Rudman

YOUR CA EMPLOYER CAN’T FIRE YOU BECAUSE YOU TAKE LAWFUL PRESCRIPTION DRUGS

In California, it is against the law for your employer to make your employment conditional upon your health. If your doctor prescribed medication for you, whether it is for depression or an injury or anxiety, that is your business --- not your employer’s. Additionally, if you do decide to share your medical health with your employer, he cannot use it as a reason to discriminate against you. This means that firing you, demoting you, or not providing you with certain benefits ---- just because of your medical history or health --- is against the law.

An automotive plant decided to perform drug tests conducted on some of its employees. While drug testing is not per se illegal, this company was allegedly testing employees with the intent to find out the employees medical health and the prescription medications they were taking. Furthermore, the company is accused of forcing the workers to disclose which of their medical conditions required those drugs and then making it a condition of employment that they stop taking them. This is not lawful. Talk to an experienced employment lawyer if your employer is discriminating against you.

If you are a CA employee who believes that because of your recognized medical disability or the prescribed drugs that you take that you have been discriminated against at your job, call the hard working legal team of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO). Our skilled employment attorneys will provide you with a free consultation regarding your legal rights. You can also visit our website at www.discriminationattorney.com for more information on medical disability discrimination and discrimination of all types.