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  1. #1
    Join Date
    Jan 2015
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    10

    Default Being Discriminated Against Based on Disability

    My question involves labor and employment law for the state of: I live in hawaii which is where the job is located, nurse disqualified me and live in Minnesota.

    This what the letter stated
    A supervisory nurse who is the highest in the medical review department is one who wrote this letter. "The documentation provided in response to our request for additional medical information regarding your history of diabetes, seizure disorder, and shoulder pain fails to articulate sufficient medical rationale to support conclusion that you are medically qualified....In accordance with 5 CFR 339.306, your tentative offer of employment is there being with drawn" - I provided them everything that they wanted for my medical condition. The doctors even wrote a detail report of what is going. I called medical review unit, as the DCR officer told me to ask them what was insufficient. Initially they did not want to tell me, so I demanded to know and it was regarding my shoulder. The funny thing those they requested for additional information 2x around, but the letter they wanted just more information on my diabetes and seizure, they did not mention to me anything about my shoulder. I called the nurse and asked what the status of my shoulder evaluation, and she refused to tell me at all. Now they HR department acting deputy director is trying to say I am harassing her employees. How could I be harassing their employees, when they are not picking up the phone during normal business. How do I know if they are not talking to another applicant over the phone at the call center.

    (a) In accordance with the provisions of this part, agencies are authorized to medically disqualify a nonpreference eligible. A nonpreference eligible so disqualified has a right to a higher level review of the determination within the agency. - They did not even allow me to have a higher level review of determination within the agency.

    (b) OPM must approve the sufficiency of the agency’s reasons to:

    (1) Medically disqualify or pass over a preference eligible on a certificate in place of a nonpreference eligible, (2) Medically disqualify or pass over a 30 percent or more compensably disabled veteran for a position in the U.S. Postal Service in favor of a nonpreference eligible, (3) Medically disqualify a 30 percent or more compensably disabled veteran for assignment to another position in areduction in force, or (4) Medically disqualify a 30 percent or more disabled veteran for noncompetitive appointment.

    Optional Information:
    What have you tried so far?: Right now I am going through CBP EEO informal, I tried contacting the HR Director, but HR staffing refuses to let me speak to Gary Olson. I also emailed him, and he doesn't respond back. I found the phone number to the Acting Deputy Director, and she blocked my number. So I contacted another employee, she connected me to the Acting Deputy Director who blocked me, and I have never spoken to her before. She was very defensive about the matter, and told the following "I am very well of the matter and if you continue harass my employees, I will report you."

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Discriminated Against on Disability

    And I will ask you again the same question I asked in your other thread: what is your legal question?

  3. #3
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against on Disability

    Ah sorry I didn't know you asked me a question, what are my rights to challenge, when I have medically provided everything there were looking for? They didn't mention in the letter that it was about my shoulder, but when I called and demanded know what was insufficient. They told me my shoulder had conflicting information, which was not true. If they person who has a phd in public health, master in public health, and rn, and they should know what these terms are that doctor wrote. There was absolutely no conflicting information at all, getting the doctor to representative in court, if it goes that far is not option. The doctor is busy has far to many patients to leaving hanging, as he is the owner of clinic so that would mean no business for him.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Being Discriminated Against on Disability

    So can you force them to hire you? Is that your question?

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Discriminated Against on Disability

    A nurse with a seizure history can be a danger to her patients. A nurse with diabetes can be dangerous to her patients. A nurse with a shoulder injury can be dangerous to her patients. I suggest you start by contacting the state licensing agency for MN and see if you still qualify for you licensing with these disabilities. You may find your license is revoked.

    I sympathize, I once applied for a VA job I qualified for. After receiving my 15 page application, fully outlining my qualifications and over qualification for every criteria, they allowed the posting to expire and reposted with requirements exclusionary to my application. When I was on layoff and facing a move around the country to keep my job with my employer, I was immediately called for an interview for a competitor based on my outstanding qualifications exceeding their requirements. At the interview the manager added one little bit of information that was not pertainant to the main job however was something they required of the bottom ten on their employee list which required I be able to lift over 10 pounds regularly. I was forced to admit my disability, the manager said he would consult their safety department, who came back and said they would not hire me for the 90k p/yr job because I could not do the work of the 10 bottom men. I interviewed with the IRS, again over qualified and they evidently decided I was too disabled for them to hire under their disability employment initiative.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Discriminated Against on Disability

    Exactly what job did you apply for, and what, if any accommodation would you need to perform the essential functions of the job?

    And how did they come to know about your health issues? Is a physical required? Did you bring it up at interview? Something else?

  7. #7
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against on Disability

    Quote Quoting cbg
    View Post
    Exactly what job did you apply for, and what, if any accommodation would you need to perform the essential functions of the job?

    And how did they come to know about your health issues? Is a physical required? Did you bring it up at interview? Something else?
    Good question I applied for a position with Custom and Border Protection as Agriculture Specialist in Hawaii, where I currently live. I got evaluated by an orthopedic doctor, and I do not need any accommodation to perform my full duties of my work. The CBP does provide reasonable accommodation, for those with disability that really need it. If I requested for reasonable accommodation I would have no problem getting. For me I do not need any sort of accommodation. They came to know about my health, because there is an initial examination that make you go through CHS Medical services. CHS Medical approved me, and but the final determination is made by a nurse at the Minneapolis Hiring Center. The physical was conducted at the initial exam and I was completely honest with them. They requested for additional information, and I sent them information they were looking, the first letter I received back in october. It was not clear as to how many years of medical history I needed, I sent them 1 year through of records. Then I get an email in december stating that they need another additional information only for my diabetes and seizure or I would no longer be consider for position. I sent them the information, and I did call to ask about the shoulder and if they cleared. The nurse refused to provide me any information on the status of my shoulder, even those she stated the medical review officer has longed at my records when receiving the email back on 12-19-2014. I get an email on 1-14-2014 staying about the insufficient information, and so I called the following day and demanded to know what was insufficient. Then there were 2 people over the phone, which I think is stupid because if you want to screw someone over the job and you take this organization to court. The judge is going ask the hr specialist did your colleague the supervisory nurse say in front of you that this applicant insufficient information was regarding his shoulder over the phone while you guys were in the office together. The friend has to option either lie or tell the truth. What I am upset about if it was about shoulder the whole time, why didn't they mention to me this in the letter sent to me on 12-19-2014. Then I could have gotten more evaluation done by my orthopedic doctor.

    I would be consider this according to cbp policy....

    What happens if I don’t pass the medical exam?
    Candidates found to be medically ineligible for the position are provided the opportunity to request a waiver of the medical standard for consideration by the Waiver Review Board. - They did not even give me this option at all and refused to answer my questions about this.

    Purpose: This guide implements the U.S. Department of Homeland Security (DHS) policy regarding reasonable accommodation for individuals with a disability,1 and provides guidance to U.S. Customs and Border Protection (CBP) employees, managers, and supervisors regarding the processing of reasonable accommodation requests.

    2. Policy: CBP is committed to providing reasonable accommodation for its employees and applicants for employment in order to ensure that qualified individuals with disabilities enjoy
    full access to equal employment opportunity, unless a particular accommodation would impose an undue hardship on the operation of CBP’s programs.

    6.10 Qualified Individual with a Disability: An individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the position he or she holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the position.

    I am a federal employee the agency I work for employees small number of people. I do qualify to join, but the people at my office has to vote if they want to form a union. So when I contacted the lawyer that would be representing me he said he could not help until agency forms a union.

    - - - Updated - - -

    Quote Quoting Disagreeable
    View Post
    A nurse with a seizure history can be a danger to her patients. A nurse with diabetes can be dangerous to her patients. A nurse with a shoulder injury can be dangerous to her patients. I suggest you start by contacting the state licensing agency for MN and see if you still qualify for you licensing with these disabilities. You may find your license is revoked.

    I sympathize, I once applied for a VA job I qualified for. After receiving my 15 page application, fully outlining my qualifications and over qualification for every criteria, they allowed the posting to expire and reposted with requirements exclusionary to my application. When I was on layoff and facing a move around the country to keep my job with my employer, I was immediately called for an interview for a competitor based on my outstanding qualifications exceeding their requirements. At the interview the manager added one little bit of information that was not pertainant to the main job however was something they required of the bottom ten on their employee list which required I be able to lift over 10 pounds regularly. I was forced to admit my disability, the manager said he would consult their safety department, who came back and said they would not hire me for the 90k p/yr job because I could not do the work of the 10 bottom men. I interviewed with the IRS, again over qualified and they evidently decided I was too disabled for them to hire under their disability employment initiative.
    I am not a patient of this nurse, and if this person truly does understand all medical terms. Everything is clearly stated the doctor evaluation done by my orthopedic.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Being Discriminated Against on Disability

    What does it say about an appeals process?

  9. #9
    Join Date
    Jan 2015
    Posts
    10

    Default Re: Being Discriminated Against on Disability

    Quote Quoting cbg
    View Post
    What does it say about an appeals process?
    Not sure if you read my update post as I added updated information, but here is all the information I could find on CBP website. The Supervisory nurse refused to let me appeal her decision, which is definitely against rules as they suppose to allow applicants to appeal the process. According to CBP Policy...

    What happens if I don’t pass the medical exam?
    Candidates found to be medically ineligible for the position are provided the opportunity to request a waiver of the medical standard for consideration by the Waiver Review Board. - They did not even give me this option at all and refused to answer my questions about this.

    Purpose: This guide implements the U.S. Department of Homeland Security (DHS) policy regarding reasonable accommodation for individuals with a disability,1 and provides guidance to U.S. Customs and Border Protection (CBP) employees, managers, and supervisors regarding the processing of reasonable accommodation requests.

    2. Policy: CBP is committed to providing reasonable accommodation for its employees and applicants for employment in order to ensure that qualified individuals with disabilities enjoy
    full access to equal employment opportunity, unless a particular accommodation would impose an undue hardship on the operation of CBP’s programs.

    6.10 Qualified Individual with a Disability: An individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the position he or she holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the position.

    I am a federal employee the agency I work for employees small number of people. I do qualify to join, but the people at my office has to vote if they want to form a union. So when I contacted the lawyer that would be representing me he said he could not help until agency forms a union.

    - - - Updated - - -

    Thank you cbg for your excellent help, I appreciate this and means a lot me : )

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Discriminated Against on Disability

    Orthopedic doctors do not certify patient with seizures. Neurologists do. They also do not specialize in diabetic diagnostics though it can be a part of the testing they do. So when did the neurologist declare you seizure free based on 2 EEG's about 6 months apart?

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