Methadone user claims he was denied job opportunity

Kelly Holleran Mar. 25, 2013, 4:24pm

A man has filed suit against his former employer, alleging it refused to rehire him after learning he had been taking methadone. 

Tomas Rodriguez claims he had been rehired to work as an instrument technician for defendant ISC Constructors for $37 per hour. As he was filling out paperwork, Rodriguez was asked a question about medications he was taking, according to the complaint filed March 13 in Jefferson County District Court. Rodriguez truthfully responded that he had been taking methadone since 2004 under the supervision of Dr. Thomas Masciangelo, the suit states.

After learning of Rodriguez’s methadone ingestion, ISC Constructors reversed its decision to hire him, saying it could not do so because he was taking the medication, the complaint says.

Rodriguez alleges ISC Constructors’ actions violate the Texas Commission on Human Rights Act against discrimination based on a person’s disabilities.

“Methadone presents no side effects that effect Tomas Rodriguez’s ability to perform all tasks, even safety related tasks,” the suit states.

In his complaint, Rodriguez seeks actual and punitive damages, plus attorney’s fees, pre- and post-judgment interest at the highest rate allowed by law, costs and other relief the court deems just.

Craig R. Keener of Houston will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No.  B194-152

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