I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify;
- Must be a U.S. citizen. - Must be able to obtain a Top Secret clearance. - Must complete form FD-887, Request for Access to Sensitive Compartmented Information (SCI). - Must pass an FBI polygraph examination. - Must pass an FBI-administered urinalysis drug test. - Must be in compliance with the FBI Employment Drug Policy: - No use of marijuana within the last three years. - No use of any other illegal drug in the past 10 years. - No selling, distributing, manufacturing or transporting of any illegal drugs. - No use of a prescription drug or a legally obtainable substance in a manner for which it was not intended within the last three years. - Must never have been convicted of a felony. - Must not be in default on a student loan insured by the U.S. government. - Must be registered with the Selective Service System (males only, exceptions apply)
Scenario 1) Bob is prescribed a controlled narcotic for his PTSD condition.
Scenario 2) Bob is prescribed medical marijuana for his PTSD condition.
- Is it legal to discriminate employment based off prescribed medicine in either situation?
- If the employer wasn't the FBI, does it change the right to discriminate?