Prescription Medication And The Workplace

Performing safety-sensitive tasks like surgery or emergency response.

New Jersey Law On Prescription Medication at Work

Employers cannot discriminate against employees because they take prescription medication for a medical condition.

Employers must provide reasonable accommodations that allow employees to perform their jobs, as long as it does not cause undue hardship.

Employers cannot create blanket bans on medication use that disproportionately affect employees with disabilities.

The <a href="https://www.ada.gov/">Americans with Disabilities Act (ADA)</a> protects employees with disabilities from discrimination, including when medication is part of their treatment.

The <a href="https://www.dol.gov/agencies/whd/fmla">Family and Medical Leave Act (FMLA)</a> allows eligible employees to take leave for serious health conditions, which can include time needed to adjust to new medications.

Certain industries, like trucking, aviation, and railroads, follow federal Department of Transportation regulations that restrict some medications for safety reasons.

When Employers May Have Grounds To Limit Medication Use

The medication impairs the employee’s ability to perform essential job duties.

The employee poses a direct safety risk to themselves or others.

Federal regulations prohibit certain medications for specific jobs.

The employee is using medication not prescribed to them, or misusing a prescription.

in the tech sector, where jobs are not typically tied to immediate safety risks, denying opportunities because an employee uses medication for ADHD, depression, or another condition could amount to <a href="/blog/navigating-disability-discrimination-claims-in-nj-s-tech-sector">disability discrimination in tech</a>.&nbsp;

a long-haul truck driver, however, taking medication that causes drowsiness could be restricted from driving, because safety laws prioritize public protection.

Reasonable Accommodations And Medical Needs

Adjusting work schedules so safety-sensitive tasks don’t overlap with peak medication side effects.

Temporarily reassigning certain duties that pose challenges.

Allowing short breaks if medication causes fatigue or similar side effects.

Providing additional monitoring, safety checks, or coworker support.

Considering <a href="/blog/can-an-nj-employer-deny-remote-work-as-a-disability-accommodation">remote work as a disability accommodation</a> when the job’s core tasks can reasonably be performed from home.

Document what’s happening. Keep notes about schedule changes, performance reviews, or comments made about your medication use.

Request accommodations in writing. If you need adjustments, make a clear, written request to your employer.

Protect your privacy. Only disclose what is necessary for accommodations or safety compliance.

File a complaint if needed. In New Jersey, you can file a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">Division on Civil Rights (DCR)</a> within 180 days of discrimination.

Consult an attorney. A NJ disability discrimination lawyer can help evaluate your situation, negotiate with your employer, and pursue legal claims if necessary.

Employer Responsibilities When Addressing Prescription Medication

Avoid blanket bans on medication use that unfairly target employees with disabilities.

Evaluate each situation on a case-by-case basis, rather than making assumptions.

Engage in the interactive process when an employee requests accommodations, exploring reasonable adjustments before making any employment decisions.

Respect the confidentiality of medical information and only request details that are legally permissible.

If a <a href="/blog/what-nj-employees-should-know-about-disability-related-medical-exams">disability medical exam</a> is required to assess whether an employee can safely perform job duties, ensure it complies with the Americans with Disabilities Act and the New Jersey Law Against Discrimination.

Train managers on the limits of what they can ask or require when addressing prescription drug use in the workplace.

The Risk Of Banning Prescriptions At Work

Treated Unfairly For Prescription Medication Use? Let’s Talk.

Can NJ Employers Ban Prescription Medication Use at Work?

Adjusting job duties that are not essential

Allowing remote or hybrid work arrangements

When Remote Work Can Be A Reasonable Accommodation

An employee with a mobility impairment who has difficulty commuting.

A worker with a compromised immune system who needs to avoid high-risk environments.

<a href="/blog/epilepsy-and-employment-rights-in-nj">An employee with epilepsy</a> who may face health or safety challenges in certain in-person settings.

A worker with a mental health condition that is exacerbated by a traditional office environment.

An employee recovering from surgery who can perform most tasks from home temporarily.

A cashier at a grocery store cannot reasonably perform their job remotely, because the role requires in-person interaction.

A data analyst, however, may be able to perform nearly all essential functions from a computer at home — which is why denying remote work in fields like these can raise concerns about <a href="/blog/navigating-disability-discrimination-claims-in-nj-s-tech-sector">disability discrimination in tech</a>.

The effect on other employees’ ability to do their jobs

Whether remote work would fundamentally alter how the business operates

The employee explains the disability-related limitation and the accommodation requested.

The employer considers the request in good faith.

Both sides discuss possible options, including alternatives if full remote work is not feasible.

Federal Guidance On Remote Work Accommodation

Put your request in writing and be specific about how remote work would help with your disability.

Provide medical documentation if requested, but only what is necessary to support the accommodation.

Emphasize how you can perform the essential functions of your job from home.

Be open to alternatives, like hybrid arrangements or other accommodations.

Document all communications with your employer in case of future disputes.

Train managers and HR on the requirements of the NJLAD and ADA, including rules surrounding <a href="/blog/what-nj-employees-should-know-about-disability-related-medical-exams">disability-related medical exams</a>.

Review job descriptions to clearly define essential functions.

Engage in the interactive process with employees rather than rejecting requests outright.

Consider whether technology already in place makes remote work feasible.

Document all discussions and decisions in case the decision is challenged.

Denied an Accomodation? Contact Us For Your Free Consultation

Can an NJ Employer Deny Remote Work as a Disability Accommodation?

Depression, anxiety, PTSD, or bipolar disorder

Autoimmune conditions such as lupus or multiple sclerosis

New Jersey Protections against Disability Discrimination

New Jersey Law Against Discrimination (NJLAD)

Employers may not treat you differently, deny opportunities, or fire you because of a disability.

Employers must provide reasonable accommodations when needed to help you perform essential job duties.

Retaliation, like being demoted or <a href="/blog/can-you-be-fired-for-needing-reasonable-accommodations">fired for requesting accommodations</a>, is prohibited.

New Jersey Family Leave Act and Other Benefits

Can Employers Ask About Invisible Disabilities?

During hiring, an employer cannot ask whether you have a disability. They may only ask whether you can perform the essential functions of the job, with or without reasonable accommodation.

Once you’re hired, your employer generally <a href="/blog/can-employers-question-your-disability-status-in-nj">cannot question your disability status</a> or require you to disclose a medical condition. The only exceptions are if you request a reasonable accommodation or if there’s a direct safety concern that cannot be addressed without medical clarification.

Employers are entitled only to the information necessary to evaluate an accommodation request — not your entire medical history.

<a href="/blog/adhd-and-workplace-rights-in-nj">An employee with ADHD </a>might request flexible deadlines or written instructions.

An employee with lupus might ask for modified schedules to manage fatigue.

A worker with hearing loss may need assistive technology for meetings.

What If You Choose Not to Disclose an Invisible Disability?

No automatic protection for performance issues: If your condition affects your work and your employer doesn’t know about it, they may discipline you without realizing the disability is involved.

No accommodations: You cannot legally demand accommodations without at least some disclosure.

Limited recourse in disputes: If you later bring a discrimination claim, the employer might argue they did not know you were disabled.

Common Misconceptions of Required Disclosure

“If I don’t disclose, I’m not protected.”False. NJLAD and ADA protections apply whether or not you disclose. Disclosure mainly affects accommodations and disputes.

“My employer can fire me if they find out I have a hidden disability.”False. Termination for disability is illegal. If it happens, you may have a claim for wrongful termination.

“I have to share my full medical history.”False. You only need to share enough to explain limitations and request accommodations.

“Accommodations are only for physical disabilities.”False. Invisible conditions (from depression to diabetes) can qualify just as much.

Proving Invisible Disability Discrimination in NJ

Performance reviews before and after disclosure.

Emails or notes referencing your disability.

Records of accommodation requests and responses.

<a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> complaint (usually within 180 days).

<a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a> complaint (up to 300 days in NJ).

Contact Us for Legal Advice and a Free Consultation

Can NJ Employers Require Disclosure of Invisible Disabilities?

What Counts as Disability Discrimination in Tech?

Refusing to hire or promote someone because of a disability

Denying reasonable accommodations, such as modified work schedules or assistive technology

Unequal pay or benefits based on disability status

Excluding employees from key projects, meetings, or networking opportunities because of assumptions about their abilities

Retaliating against an employee, such as <a href="/blog/can-you-be-fired-for-needing-reasonable-accommodations">firing them for needing reasonable accommodations</a> or for filing a complaint, can be a violation of the law.

The Laws Protecting Disabled Employees in New Jersey

<a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">New Jersey Law Against Discrimination (NJLAD)</a>

<a href="https://www.nj.gov/oag/dcr/downloads/fact-FLA.pdf">New Jersey Family Leave Act (NJFLA)</a>

<a href="https://www.ada.gov/">Americans with Disabilities Act (ADA)</a> — Similar to NJLAD but only applies to employers with 15 or more employees.

<a href="https://en.wikipedia.org/wiki/Rehabilitation_Act_of_1973">Rehabilitation Act of 1973</a> — Applies to federal contractors and federally funded programs.

<a href="https://www.dol.gov/agencies/whd/fmla">Family and Medical Leave Act (FMLA)</a> — Provides unpaid leave for serious health conditions if you meet eligibility requirements.

Reasonable Accommodations in the Tech Sector

Providing adaptive software or screen readers

Allowing flexible or <a href="/blog/requesting-remote-work-as-a-disability-accommodation-in-nj">remote work arrangements as a disability accommodation</a>

Modifying project deadlines when health issues flare up

Adjusting lighting, noise levels, or seating arrangements

Providing accessible workspaces for employees with mobility needs

What Makes Tech Sector Discrimination Unique

Fast-paced environments: Many tech companies operate in a “move fast” culture, which can unintentionally exclude employees who need accommodations, like flexible scheduling or additional training time.

Remote-first setups: While remote work can be great for some employees with disabilities, others may face isolation or lack of access to necessary tools or support.

Start-up mentality: Smaller teams may lack formal HR departments, which means accommodation requests might be handled inconsistently, or ignored entirely.

Bias toward “culture fit”In tech hiring: Employers often emphasize personality and team culture… but this focus can sometimes be a <a href="/blog/common-employer-excuses-that-violate-disability-rights">common excuse that violates disability rights</a>, especially when candidates are passed over simply because they don’t fit a certain mold.

What to Do If You Face Disability Discrimination in NJ’s Tech Sector

<a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> enforces NJLAD

<a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a> enforces federal anti-discrimination laws

Why the Tech Sector Can Be Both a Risk and an Opportunity

Navigating Disability Discrimination Claims in NJ’s Tech Sector

Understanding Epilepsy as a Protected Condition

The New Jersey Law Against Discrimination (NJLAD)

Refuse to hire someone solely because they have a disability.

Demote, reduce hours, or terminate due to epilepsy.

Deny training, promotions, or other opportunities because of disability.

Harass or allow harassment based on a person’s medical condition.

Retaliate against someone for requesting accommodations or filing a complaint.

Federal Protections for Employees with Epilepsy

<a href="https://www.ada.gov/">Americans with Disabilities Act (ADA)</a> — Applies to employers with 15 or more employees and prohibits discrimination against qualified individuals with disabilities. Epilepsy is specifically recognized as a condition that may require reasonable accommodations.

<a href="https://en.wikipedia.org/wiki/Rehabilitation_Act_of_1973">Rehabilitation Act of 1973</a> — Applies to federal agencies and employers who receive federal funding.

<a href="https://www.dol.gov/agencies/whd/fmla">Family and Medical Leave Act (FMLA)</a> — Offers up to 12 weeks of unpaid, job-protected leave for qualifying employees who need time off due to a serious health condition, which may include epilepsy.

Flexible scheduling to attend medical appointments.

Extra breaks for medication or rest after a seizure.

Reassignment to a role without safety hazards if seizures are uncontrolled.

Providing a private space for recovery following a seizure.

Adjusting lighting or computer screens to reduce seizure triggers.

Remote work options, if feasible for the job.

Disclosing Epilepsy at Work — What to Know

A delivery driver with uncontrolled seizures may be temporarily reassigned until their condition stabilizes.

A warehouse worker whose seizures are fully controlled by medication should not be removed from their role solely because of the diagnosis..

Unwelcome comments about whether you should be working.

Ostracizing you from work activities due to your condition.

There is a legitimate concern that your condition poses a direct threat to safety.

The exam is required by law for specific job duties (e.g., commercial driving).

<a href="https://myleavebenefits.nj.gov/worker/fli/">New Jersey Family Leave Insurance (FLI)</a> — Provides partial wage replacement for time off to care for a family member, not for your own medical condition.

<a href="http://myleavebenefits.nj.gov/worker/tdi/">Temporary Disability Insurance (TDI)</a> — Can cover time off when you cannot work due to your own serious health condition, including epilepsy.

FMLA Leave — If eligible, provides up to 12 weeks of unpaid leave for your own medical needs.

<a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> — Enforces the NJLAD

<a href="https://www.eeoc.gov">Equal Employment Opportunity Commission (EEOC)</a> — Enforces the ADA and federal protections

Why Legal Protections Matter for Epilepsy in the Workplace

Epilepsy and Employment Rights in NJ: Legal Protections Explained

What Is a Disability-Related Medical Exam?

Blood tests or drug screenings (in some contexts)

Functional capacity evaluations (used to assess work restrictions)

Requests for a doctor's note detailing diagnosis or treatment plan

1. The Americans with Disabilities Act (ADA)

Pre-employment: Employers can’t require a medical exam before making a conditional job offer.

Post-offer, pre-employment: Exams are allowed only if required of all candidates for the same position.

During employment: Medical exams are only permitted if they are job-related and consistent with business necessity.

2. The New Jersey Law Against Discrimination (NJLAD)

When Can an Employer Require a Medical Exam?

The exam is required of all applicants in the same job category.

The exam is used to determine fitness for the job, not to screen out people with disabilities arbitrarily.

Reasonably tailored to evaluate the concern

An employee shows signs of struggling to perform job tasks safely.

An employee requests accommodation, and the employer needs documentation to support it.

A return-to-work evaluation is needed after extended medical leave.

Demand detailed medical records without cause

Require exams as a form of harassment or punishment

Use the results of an exam to justify unpaid leave, demotion, or termination: especially <a href="/blog/disability-discrimination-during-layoffs">during layoffs, where disability discrimination may be at play</a>

Medical Exams and Reasonable Accommodations

Be limited to information relevant to the accommodation

Not pry into unrelated conditions or treatment

Be kept confidential and stored separately from personnel files

Your Medical Information Must Be Kept Confidential

Be stored separately from personnel records

Be accessible only to HR or supervisors on a need-to-know basis

Not be shared with coworkers, clients, or other staff

Legal Options if Your Rights Are Violated

File a Complaint: You can file a charge with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> or the <a href="https://www.eeoc.gov/">Equal Employment Opportunity Commission (EEOC)</a>.

Speak with an Attorney: Legal guidance is essential when navigating claims involving disability rights and medical privacy.

File a Lawsuit: You may be entitled to damages for:

Seek Internal Resolution: In some cases, going through HR can help resolve the issue before escalating to litigation.

What NJ Employees Should Know About Disability-Related Medical Exams

Understanding Mental Health as a Legal Disability

Federal Protection: Americans with Disabilities Act (ADA)

Substantially limits one or more major life activities (like concentrating, interacting with others, or sleeping)

State Protection: New Jersey Law Against Discrimination (NJLAD)

Examples of Mental Health Discrimination in the Workplace

What Are “Reasonable Accommodations” for Mental Health Conditions?

Flexible work hours or modified schedules

Leave for therapy, treatment, or medication adjustments

Changes to communication methods (like written instructions instead of verbal)

Reassignment to a different role if appropriate

Discussion: An open conversation between you and your employer about your needs.

Documentation: Your employer may ask for medical documentation confirming the disability and requested accommodations.

Employment Law Insights & Resources

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