I am wondering if this would fall under Disability Discrimination? "Section 504" refers to the section of the Rehabilitation Act of 1973 which guarantees certain rights to individuals with disabilities, including AD/HD. This federal law states that no person "... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (Sec. 504.(a)).

I was recently fired from my Registered Nursing job while on a 13 week travel assignment due to positive drug screening. The problem is I was recently diagnosed with profound ADHD and MUST take prescription Adderall. (Adderall is a pharmaceutical psychostimulant comprised of mixed amphetamine salts. The drug is used primarily to treat attention-deficit hyperactivity disorder and narcolepsy. It is a schedule II controlled substance, meaning that it has been deemed to have a high potential for abuse and addiction, but has accepted medical uses.)

The incident occurred on January 31, 2008 while on a 13 week travel assignment in the Med./Surg. unit at Coliseum Medical Center in Macon, Ga. I worked the 7 p.m. to 7 a.m. shift. Along with 3 other Nurses when morphine went missing from the unit. (Prior to starting this assignment, I was given a pre-employment drug screening, and cleared for work by an Agency. Copy of prescriptions used was requested by Access Nurses and the results accepted. (Including the Adderall)).

On Feb. 1, 2008, I was notified of an impending drug screen, and was given a "shakedown" by the Nurse Manager. Who stated " I know we will find those drugs in your urine", assuming I took the morphine. I stated to the Nurse Manager that the only drugs in my system were prescription based. I also notified the Agency of the improper shakedown.

I had 3 scheduled days off in which I returned home. During that time, I received an email from the Agency stated I had been terminated, had 48 hours to remove personal belongings from the furnished apartment, and that I was being fined approximately $3,000.00 for breach of travel contract.

I protested the termination, saying I was not using illegal drugs. I asked for a copy of the drug screen results, it was refused.
Repeated attempts to call the Agency to find out more information about what had transpired were not returned. In addition, my emails were blocked.

A couple of weeks ago it was suggested to me to apply for unemployment benefits. I complied. After an initial investigation by the Georgia Department of Labor, I was denied unemployment benefits on the grounds that I was fired for using "controlled substances" in an enviroment which enforces a zero drug tolerance policy. The GADOL Rep. told me that anyone who is employed in the state of Georgia and is using "Adderall" or presumably any other prescription drug classified as "amphetamine salts" is subject to termination upon a positive drug screen.

Would this mean that people diagnosed with ADD / ADHD ( 4..4% ) in the State of Georgia using prescription amphetamine salts for treatment are subject to termination upon a positive drug screen, yet the state classifies ADD / ADHD as a disability? Wouldn't that warrant an investigation for Disability Discrimination?

Ruth

What about your State Board of Nursing? Maybe they could investigate this.

I would look into it with the nursing board also. Let us know what the EEOC says about this.

I quit taking my ADHD meds  after high school  because I feared being fired.  I have been told by co -workers that I need to give my boss a note from my doctor stating the meds I am on to give her a heads up befor a UA. but I am still sceptical I have had a lot of issues keeping orgainzed and occasionally on task.... dont get me wrong my job means the world to me ..  It is unfair to be punished because of somthing we were born with and live with every day....

Account Removed says ...

I'd contact an attorney and fight this. It's just wrong

its fargin wrong.   I agree, you  to get the lawyer and fight for tiyr rights.  Isnt it against the law to do the skaedown?    That would be violation of your personal space.   Get yourself a cool phone so you can do the movie to send to utube or whatever that site is. ooiud mean.............you need to make an example of these creeps.   Stay strong!   Im also looking gor anorher ob.Are there any big creeps following uouaround. Becaeful;, k/   Alod of dudes ith bats in belfrey.   if it goes uou could be the wo vs Wade.  Now htat was a stron womdn..........well all havebakbone like seel..................we have the ability to make our plane, the implement the plans and  bam.   Im waniting gdt a passport, Sadi dot have one.........gpomg pm creiose te baaamas..St :iocoa. Stay focused take your meds.  Ithink i have HDD goo. my  ok iz aonxsdcul uf hsd zszzsssmnd cod ms iznf zfdszz/ vviffion.........   bythe wy, Im miseable at my ob.  Great but I guess im not efecien with turning in the pi EoRW\WORK THEiVE NEXT AM ANDAND I TO BE PERcANFECT2   i DO M YBEST, i FOLLOW ODERS AND Ii MIGHT CHECK THE CHAIN OF COMMAND...........................SART IWITH THE PEONS FIST, THIN GET AN Ncc FO GRUIDANE.  ok, nOW i WAT TO PICK YOUR BRAIN.,  ;iM NOPING YOU COULD SEND ME SOME INFO ON THIS DISORDER.    i OO ARE TERRIFIED , BEING UNEMPLOYED AT cHRISTMAS WOULD SUCCK.  rIGHT NOW i HAVE THE NIGHEST PAYIG JOBE EVR.   i TOL MY HUSBAND TO STICK MONEY TO SAVE FOR CHRISTMANS SHOPPING.   iM INTERVIEWING WITH CARTERSIVO ,KEDOC;  i HOPE IT WORKS, i THINK MY INTERVIEW IS AT 3PM FOR ER 3[-

Account Removed says ...

I'd contact an attorney and fight this. It's just wrong

its fargin wrong.   I agree, you  to get the lawyer and fight for tiyr rights.  Isnt it against the law to do the skaedown?    That would be violation of your personal space.   Get yourself a cool phone so you can do the movie to send to utube or whatever that site is. ooiud mean.............you need to make an example of these creeps.   Stay strong!   Im also looking gor anorher ob.Are there any big creeps following uouaround. Becaeful;, k/   Alod of dudes ith bats in belfrey.   if it goes uou could be the wo vs Wade.  Now htat was a stron womdn..........well all havebakbone like seel..................we have the ability to make our plane, the implement the plans and  bam.   Im waniting gdt a passport, Sadi dot have one.........gpomg pm creiose te baaamas..St :iocoa. Stay focused take your meds.  Ithink i have HDD goo. my  ok iz aonxsdcul uf hsd zszzsssmnd cod ms iznf zfdszz/ vviffion.........   bythe wy, Im miseable at my ob.  Great but I guess im not efecien with turning in the pi EoRW\WORK THEiVE NEXT AM ANDAND I TO BE PERcANFECT2   i DO M YBEST, i FOLLOW ODERS AND Ii MIGHT CHECK THE CHAIN OF COMMAND...........................SART IWITH THE PEONS FIST, THIN GET AN Ncc FO GRUIDANE.  ok, nOW i WAT TO PICK YOUR BRAIN.,  ;iM NOPING YOU COULD SEND ME SOME INFO ON THIS DISORDER.    i OO ARE TERRIFIED , BEING UNEMPLOYED AT cHRISTMAS WOULD SUCCK.  rIGHT NOW i HAVE THE NIGHEST PAYIG JOBE EVR.   i TOL MY HUSBAND TO STICK MONEY TO SAVE FOR CHRISTMANS SHOPPING.   iM INTERVIEWING WITH CARTERSIVO ,KEDOC;  i HOPE IT WORKS, i THINK MY INTERVIEW IS AT 3PM FOR ER 3[-