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  1. #21
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    Jan 2006
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    Default Re: Job Offer Rescinded After Physical

    If you want to use the ADA basis, you need to utilize the fact this is for an ADA covered condition. If this is not a life limiting condition, then the ADA does not apply and as such, your arguments do not have any support.

    If you go that route, you are back to:

    what side effects do you experience with this medication? If dizziness is one of them or actually any side effect that may cause an unsafe condition, then that and its severity can be used to determine if you would be a safety risk.

    If your condition is not covered under ADA, then you lose simply because they can refuse to hire you based on their concerns, even without proof they are valid.


    ^ This would be an assumption based on a perceived threat with no medical, objective evidence which is required by ADA to be legal grounds not to hire the person when this is the basis for not hiring the person. Is this right?

    I agree with you on this. It just isn't enough to use as the reason not to hire someone with a disability. Is this right?
    Not necessarily. Have you worked as a painter since you have been on this medication? Have you done ladder or other high work since you have been on this medication? If you have not been in a similar situation where there can be a review of your safety record, then that section of the standard is not applicable. It then comes down to: what side effects do you experience from the medications and are those side effects enough to consider you to be a safety hazard on the job. It will be a subjective determination by the employer which you can attempt to contest if you disagree.

  2. #22
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    Jun 2006
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    Default Re: Job Offer Rescinded After Physical

    Looking at it one way, the fact that you are taking ativan HURTS your claim of disability. If the medication counters the disability so that you are no longer limited, you are likewise no longer covered under the ADA.

    Read Sutton v. US Airlines, a SCOTUS case from 1999.

  3. #23

    Default Re: Job Offer Rescinded After Physical

    Yes, I held a job before I got the tentative job offer for this one that was way more physical labor. (construction worker) Even with my medications my PTSD doctor at the VA has me rated at a severe depression and says I fall into the 50% va disability which means I have moderate limitations to certain daily activities. My limitations are, longer to learn, need breaks at my time (not set time), decreased mental function in small room with door closed, and the need for unscheduled time off (this is a rarity). The construction job I had no problem keeping up and my unscheduled time off was minimal other than the one week each year that I needed off because of what happen to me was that same time. Really revved up my ptsd. So sad to say but yes my everyday life is still pretty limited but am not and never have been a threat to safety.

  4. #24
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    Jan 2006
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    Default Re: Job Offer Rescinded After Physical

    Quote Quoting us11csalyer
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    Yes, I held a job before I got the tentative job offer for this one that was way more physical labor. (construction worker) Even with my medications my PTSD doctor at the VA has me rated at a severe depression and says I fall into the 50% va disability which means I have moderate limitations to certain daily activities. My limitations are, longer to learn, need breaks at my time (not set time), decreased mental function in small room with door closed, and the need for unscheduled time off (this is a rarity). The construction job I had no problem keeping up and my unscheduled time off was minimal other than the one week each year that I needed off because of what happen to me was that same time. Really revved up my ptsd. So sad to say but yes my everyday life is still pretty limited but am not and never have been a threat to safety.
    Being physical does not equate to necessarily working on ladders or in high areas. A laborer assigned to an earth moving crew quite often never uses a ladder where an electrician or plumber rarely work a job without a ladder involved. All of their work can be quite demanding and physical. While a laborer in that assignment would not necessarily be a safety hazard having dizziness, the electrician or plumber would likely be so.

    You never stated what side effects you have from this medication.

    the items you mention have nothing to do with the safety issue.

    You also state that your ptsd has become more of a problem to you recently as well. That would indicate the likelihood of new or altered dosages of medications which could cause additional side effects that were not present while previously employed.

  5. #25

    Default Re: Job Offer Rescinded After Physical

    Quote Quoting jk
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    Being physical does not equate to necessarily working on ladders or in high areas. A laborer assigned to an earth moving crew quite often never uses a ladder where an electrician or plumber rarely work a job without a ladder involved. All of their work can be quite demanding and physical. While a laborer in that assignment would not necessarily be a safety hazard having dizziness, the electrician or plumber would likely be so.

    You never stated what side effects you have from this medication.

    the items you mention have nothing to do with the safety issue.

    You also state that your ptsd has become more of a problem to you recently as well. That would indicate the likelihood of new or altered dosages of medications which could cause additional side effects that were not present while previously employed.
    Inever said here recently. I said during a certain time of the year it is worse because of triggers. I have no side effects. They are going under the assumption that I am disabled because of my medications.

    I found this, If an employer treats an employee as disabled, the treatment alone may qualify the person as disabled under the ADA. Take for example, the Director of Social Services at a facility in Minnesota.

    From my last job I have had no changes to my medications.

    http://www.zimbio.com/The+Coal+Run+D...50+Settle+EEOC

    ^ Another read about a guy being covered under ADA because employer saw him as disabled.

  6. #26
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    Default Re: Job Offer Rescinded After Physical

    Did you read the case I gave you?

  7. #27

    Default Re: Job Offer Rescinded After Physical

    Yes I did read it.

  8. #28
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    Default Re: Job Offer Rescinded After Physical

    us11csalyer;549842]Inever said here recently. I said during a certain time of the year it is worse because of triggers. I have no side effects. They are going under the assumption that I am disabled because of my medications.
    so, you have been out of work for a considerable period of time then? Were you taking Atavin while employed in whatever branch of construction worker you were? The exact same dosage as you currently take?

    I found this, If an employer treats an employee as disabled, the treatment alone may qualify the person as disabled under the ADA. Take for example, the Director of Social Services at a facility in Minnesota.
    that is a very different situation. He wasn't disabled and the prospective employer treated him as he was and incapable of doing the work tendered. He was not disabled. In your situation, you are stating matter of factly that you are disabled. It is not your disability that is of concern but the medications you take for the disability.

    From my last job I have had no changes to my medications.
    So, you were taking Atavan while employed previously. Did you work on ladders? In high areas?

    If you have no symptoms, then where do you think the employer got this:

    One week later I get a letter stating: Due to physical limitations put on you the job offer of painter has been resended
    (and the word is: rescinded )

    the employer is presumably basing their determination on some statement by a medical professional that you, in specific, have physical limitations. That isn't to say that only because of some medications you are taking might be a problem but that some medical pro has actually stated you do have limitations.

  9. #29

    Default Re: Job Offer Rescinded After Physical

    Quote Quoting cbg
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    Did you read the case I gave you?
    I'd like to add similar jobs at this place have same requirements, also with other reading my situation involves the employer seeing me as disabled which gives me protection under ADA disability law. Not sure how true this is yet.

    Quote Quoting jk
    View Post
    so, you have been out of work for a considerable period of time then? Were you taking Atavin while employed in whatever branch of construction worker you were? The exact same dosage as you currently take?

    that is a very different situation. He wasn't disabled and the prospective employer treated him as he was and incapable of doing the work tendered. He was not disabled. In your situation, you are stating matter of factly that you are disabled. It is not your disability that is of concern but the medications you take for the disability.

    So, you were taking Atavan while employed previously. Did you work on ladders? In high areas?

    If you have no symptoms, then where do you think the employer got this:

    (and the word is: rescinded )

    the employer is presumably basing their determination on some statement by a medical professional that you, in specific, have physical limitations. That isn't to say that only because of some medications you are taking might be a problem but that some medical pro has actually stated you do have limitations.
    Yes I have worked on ladders on Ativan....

    Again, I have a copy of the doctor's findings. She only stated that she has a concern with dizziness as a side effect so she marked caution on ladders, moving objects, driving....... Yes I consider myself disabled according to ADA but not for side effects.....

    So are you saying that this employer is allowed to deny me employment because of possible side effects even when my doctor cleared me?

  10. #30
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    Default Re: Job Offer Rescinded After Physical

    Quote Quoting us11csalyer
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    So are you saying that this employer is allowed to deny me employment because of possible side effects even when my doctor cleared me?
    No, not at all. I am saying the employer has given you a statement that I read as a medical professional has stated you do have limitations that would be of concern great enough that you would present a safety hazard. Maybe the employer was incorrect in their reading of the report. Maybe they did extend whatever statements were made beyond their intent. I do not have the answer for that question. What I do see is that they appear to have based their decision on the medical report they received.

    I believe you may have been unfairly treated. I'm just not positive it was an incorrect action of the employer based on what I see.

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