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  1. #1

    Default Job Offer Rescinded After Medical Exam

    My question involves labor and employment law for the state of: Ohio

    I was giving a job offer at WPAFB (civilian government position) which involved painting. Everything was 100% good until I went for my medical exam.

    At my medical exam the doctor decided I would have limitations based only on the possible side effects of anti-depressants, anxiety meds. ( fluoxetine, and lorazepam) I got a copy of the doctor's report and it has in there I passed every physical test with flying colors, did not show any signs of side effects. I even supplied a letter from my mental health doctor that prescribes me the meds stating that I am on such and such meds, been seeing patient over one year, no signs of side effects, and my professional opinion that he can do all task related and in regards to painted.

    Maybe a week after giving them this letter from my doctor I got a job resended letter stating they could not hire me due to my physical limitations.

    Do I have any legal ground on this?

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Tenative Job Offer, Medical Exam then Resended

    You have legal grounds to find a new job. The company has no compulsion to hire you. If you read your tentative job offer it will say something to the effect of the job being contingent upon you passing all the requirements such as physical, mental screenings. The company can deny you because you may experience side effects which could cause liability.

  3. #3

    Default Re: Tenative Job Offer, Medical Exam then Resended

    That is just it though. I passed the physical with my doctor and provided them the letter which they asked me to do. Also I don't agree with you saying they can deny me because of possible side effects. ADA law clearly states that in order to do that legally they would need documented proof of myself being a risk and not just the assumption of possible side effects.

    Source: http://www.disabled-world.com/disabi...employment.php

    Can an employer refuse to hire me because he believes that it would be unsafe, because of my disability, for me to work with certain machinery required to perform the essential functions of the job?
    The ADA permits an employer to refuse to hire an individual if she poses a direct threat to the health or safety of herself or others. A direct threat means a significant risk of substantial harm. The
    determination that there is a direct threat must be based on objective, factual evidence regarding an individual's present ability to perform essential functions of a job. An employer cannot refuse to hire you because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.


    Read more: http://www.disabled-world.com/disabi...#ixzz1RvHJW8MP

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,261

    Default Re: Tenative Job Offer, Medical Exam then Resended

    If you believe that the company's refusal to hire you constitutes a violation of the ADA, your recourse is to file a complaint with the EEOC.

  5. #5

    Default Re: Tenative Job Offer, Medical Exam then Resended

    I have mediation at the end of the month. I just really wanted to talk about this on a forum and see what others have to input.

    I also have this source supporting my claim: http://www.mediate.com/articles/cohenada.cfm

  6. #6

    Default Re: Tenative Job Offer, Medical Exam then Resended

    No one has any input?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,261

    Default Re: Tenative Job Offer, Medical Exam then Resended

    I told you what your recourse was. I don't have time to enter into a debate. A message board is not going to be able to make the final decision or one that is binding on the employer.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenative Job Offer, Medical Exam then Resended

    What do you believe remains to be said?

  9. #9

    Default Re: Tenative Job Offer, Medical Exam then Resended

    Challenge the links I provided and give me an idea of what to expect when I go to mediation.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenative Job Offer, Medical Exam then Resended

    Challenge the links? Okay: "Work harder, you lazy links. Give it 110%!"

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