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An employee with epilepsy took physician-prescribed barbiturates to control his condition. He was originally assigned to work at the plant as a temp. However, the

An employee with epilepsy took physician-prescribed barbiturates to control his condition. He was originally assigned to work at the plant as a temp. However, the company had a practice of hiring temps who performed well as permanent employees. The employee was offered the opportunity to apply for permanent employment and did so. The process included a drug test. The employee tested positive due to his medication. An HR representative contacted the employee's supervisor and asked him to send the employee to the HR office to meet with the Medical Review Officer (MRO). Although nothing had been said about the reason for the request, the supervisor correctly surmised that the employee's drug test had come back positive. He asked to see the employee's prescription. He then had the employee call to speak with the MRO. While the supervisor remained in the office, the employee discussed his condition and prescription drug use with the MRO. The employee was eventually cleared for hiring, but the supervisor refused to do so. He cited attitude and performance problems and an alleged threat made against himissues that had not previously been raisedas the basis for the refusal to hire.

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