By David Ettershank
When Angelina applied for her dream job, she thought she was in with a good shot. She was highly qualified and had done extremely well in her master’s degree. The position seemed to be a perfect fit for her return to work after a workplace injury in 2019 developed into Complex Regional Pain Syndrome (CRPS).
CRPS is often described as one of the most painful conditions known to medicine.
The pain that began in her right arm gradually spread to her left arm and then down to her right foot. She describes the pain as unpredictable and exhausting.
However, she was confident it wouldn’t hold her back in this role; indeed, the job was specifically targeted at people with disabilities. After the interview process, she was informed she was the preferred candidate for the position and immediately accepted the offer.
The employer even decided to expand the scope of the role to meet her level of experience. Everything was going well until Angelina disclosed that she took medicinal cannabis to manage her pain. She thought she was doing the right thing – she didn’t want to hide anything. She asked whether this would be an issue and what the company’s policies were. The job did not require her to drive.
The manager was unsure of their policies and used language that indicated stigma, saying new recruits needed to come up ‘negative’ on a drug test.
During the company medical exam, Angelina underwent several tests and showed the doctor her prescription.
What happened next? She was ghosted. Communication didn’t slow down; it stopped.
She then received a generic email informing her that her application would ‘not be progressing’, despite already being offered the job.
She kept seeking answers and eventually found out that their internal Alcohol and Other Drug policies prohibited her from working there, even though her medication does not impair her ability to work.
Angelina says medicinal cannabis helps her to work, and it’s enabled her to achieve so much. It wasn’t her condition that prevented her from getting the job, but rather the medication she takes to manage it.
This treatment is grossly unfair, but it’s completely legal.
While Victoria’s Equal Opportunity Act protects her from being discriminated against for her disability, the law fails to protect her right to take prescribed medication to manage it.
This deficiency in the law doesn’t just relate to medicinal cannabis; people taking a range of prescriptions, such as opioids, ADHD medication, anti-anxiety medication, and antidepressants, can also be lawfully discriminated against on the grounds of their medication.
The Victorian Equal Opportunity and Human Rights Commission identified the need to address this issue in a submission to the Victorian Parliamentary Inquiry into Workplace Drug Testing in 2023.
Their submission showed that Angelina’s story isn’t unique; it’s shared by many Victorians.
We’ve heard from people with ADHD who face barriers for taking their prescribed medication, pharmacists whose clients on opioid replacement therapy report ongoing stigma, and advocates working with arthritis communities who see patients taking prescribed opioids being unfairly labelled as drug seekers in various healthcare settings.
In recent weeks, high-profile sporting stars Lauren Jackson, Alistair Clarkson and Damien Oliver have also come forward in support of our campaign.
On the 1st of April, the Victorian Parliament’s upper house debated our bill to bring the Human Rights and Equal Opportunity Commissioner’s recommendations to life. At the time of writing, the outcome of the debate isn’t known — but I encourage you to go to dignitynotdiscrimination.com.au to find out more.
No one should face discrimination because of lawful medical treatment. It’s time to change the law.
By David Ettershank, Member for Western Metropolitan Region.
You can contact his office
via phone (03) 9317 5900,
or visit www.davidettershank.com.au
