Take nothing judgment entered in suit claiming methadone user denied job

David Yates Sep. 20, 2013, 12:43pm

A take nothing judgment has been entered in a man’s suit against his former employer, which alleges the company refused to rehire him after learning he had been taking methadone.

As previously reported, Tomas Rodriguez filed suit against ISC Constructors on March 13 in Jefferson County District Court.

Court records show the take nothing judgment was entered on May 25, stating the parties announced the court that the dispute had been compromised and settled. 

In his suit, Rodriguez claimed 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.

Rodriguez truthfully responded that he had been taking methadone since 2004 under the supervision of Dr. Thomas Masciangelo, the suit states.

Methadone is used as a pain reliever and as part of drug addiction detoxification and maintenance programs, according to WebMD.

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

Rodriguez alleged 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 stated.

Rodriguez sought 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 represented him.

Judge Gary Sanderson, 60th District Court, presided over the case.

Case No.  B194-152

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