A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman worked in a safety-sensitive position and tested positive for phenobarbital, which is a barbiturate. Roman claimed that the positive test result was a false positive, and stated that he used Dilantin to treat epilepsy. His employer did not know that he had epilepsy prior. The certifying scientists at the employer’s drug testing company stated that Dilantin would not cause a positive test result for phenobarbital. Roman’s employment therefore was terminated. The court noted that the employer had a legitimate, non-discriminatory reason for the discharge – the positive drug test result. This case highlights the importance of using a Medical Review Officer to review positive drug test results. Without a lawful prescription for a medication that could have caused a positive test result, the employee could not show that he had been discharged due to his purported disability.

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