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Old 09-01-2014, 06:01 AM   #1 (permalink)
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New Form of discrimnation?

New Form of discrimination?

Just recently I attempted to join the workforce and was offered the job and was told I had to pass a medical exam also.

After filling out the entire application I was told that after the completion of my medical exam that I would be given a date and time for the jobs orientation

Since the position is seasonal; the beginning of the employment would be in September and to date I haven’t heard a word in response to date from this employer about the date and time for the jobs orientation.

I left numerous messages during the past 2 weeks and none have been responded to.

I did get a call from a third party on Tuesday Aug 26th asking that I call them back at the number given.
I called back and the mailbox was full; so I couldn’t leave a message,
So all that week I tried other means of reaching this individual who left me the message and I left messages in response along with my info and phone number for a call back, finally they answered the phone on Saturday Aug 30 where I was informed that I failed the medical exam and no other information was given because of the HIPPA law.

This seems kind of strange that “the employer didn’t give me a heads up” that I even failed the exam in the first place, ignored all my calls, nor gave me the courtesy of an explanation by informing me that I failed the exam in the first place… and to this date I have no Idea why…

I suppose my age and my current medical condition may have played a part but I have worked all my life and both my age and my medical condition has not hampered my other work place performances even since I came down with this medical condition over 7 years ago, which was fully explained to the doctor who performed the exam

Is the way this employer handled my situation legal?
Or
Is this a new way of discrimination against those with medical conditions that are not disabling?
Just curious?

I have posted up a request on Legal March for an attorney to review this

Has anyone else had an experience like this since they changed the laws requiring medical exam to take place after the job is offered?
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Old 09-01-2014, 06:48 PM   #2 (permalink)
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RE: New Form of Discrimination?

Hi Steph,

I’m glad that you’ve taken steps to be put in contact with an Employment Lawyer in your area.

To answer your question about the law requiring medical exams to take place after the job has been offered, I checked the Equal Employment Opportunity Commission’s website (eeoc.gov). According to the EEOC, the law “places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.” Employers covered by the ADA are not allowed to ask job applicants to answer medical questions or take a medical exam before extending a job offer. However, employers are permitted to offer a job to an applicant and then condition the job offer on the applicant answering medical questions or successfully passing a medical exam, as long as all new employees are required to do the same.

It sounds from your description like your employer did offer you the job, but the offer was conditional on your passing the medical exam. It sounds like, now that they have received the results of your medical exam, they are revoking the job offer. Unfortunately, according to the EEOC, unless you can show that you were singled out for medical examination and that other applicants were not required to go through the same process, it does not sound like a violation of the law barring pre-offer medical exams. Your lawyer will be able to discuss this with you in more detail.

However, while it is true that not every person with a medical condition is covered by the ADA, you might not be aware that the ADA definition of “disability” was expanded in 2008 by the Americans with Disabilities Amendments Act (ADAA). Today the ADA definition of “disability” covers someone with a non-transitory (i.e. lasting more than six months) but minor physical or mental impairment. Without knowing more about your medical condition, it is possible that you might fall into this category. In that case, the ADA would protect you from being treated less favorably due to a history of disability or a perceived impairment.

With more information, your attorney should be able to advise you on the next steps you should take.
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Old 09-03-2014, 03:41 PM   #3 (permalink)
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Thanks for that info

I'm still getting the runaround and I still cant get an answer to what I failed?
I went to the employer whom gave me the application and they still refused to tell me and said the person was not in the office whom I needed to speak to
So I left my number again and so far no response!

I dont get it?
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Old 09-06-2014, 10:22 AM   #4 (permalink)
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Quote:
Originally Posted by atriguer View Post
Hi Steph,

I’m glad that you’ve taken steps to be put in contact with an Employment Lawyer in your area.

To answer your question about the law requiring medical exams to take place after the job has been offered, I checked the Equal Employment Opportunity Commission’s website (eeoc.gov). According to the EEOC, the law “places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.” Employers covered by the ADA are not allowed to ask job applicants to answer medical questions or take a medical exam before extending a job offer. However, employers are permitted to offer a job to an applicant and then condition the job offer on the applicant answering medical questions or successfully passing a medical exam, as long as all new employees are required to do the same.

It sounds from your description like your employer did offer you the job, but the offer was conditional on your passing the medical exam. It sounds like, now that they have received the results of your medical exam, they are revoking the job offer. Unfortunately, according to the EEOC, unless you can show that you were singled out for medical examination and that other applicants were not required to go through the same process, it does not sound like a violation of the law barring pre-offer medical exams. Your lawyer will be able to discuss this with you in more detail.

However, while it is true that not every person with a medical condition is covered by the ADA, you might not be aware that the ADA definition of “disability” was expanded in 2008 by the Americans with Disabilities Amendments Act (ADAA). Today the ADA definition of “disability” covers someone with a non-transitory (i.e. lasting more than six months) but minor physical or mental impairment. Without knowing more about your medical condition, it is possible that you might fall into this category. In that case, the ADA would protect you from being treated less favorably due to a history of disability or a perceived impairment.

With more information, your attorney should be able to advise you on the next steps you should take.
Again
Thanks atriguer

I had a breakthrough Friday/ yesterday,
A third party advised me what to do in that I had to contact the medical examiner for the medical opinion (whom is also the workmen’s compensation facility for the employer)

If I may quote it
You offered some info here

Quote:
QUOTE
To answer your question about the law requiring medical exams to take place after the job has been offered,

I checked the Equal Employment Opportunity Commission’s website (eeoc.gov).

According to the EEOC, the law “places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.”

Employers covered by the ADA are not allowed to ask job applicants to answer medical questions or take a medical exam before extending a job offer.
However,
Employers are permitted to offer a job to an applicant and then condition the job offer on the applicant answering medical questions or successfully passing a medical exam, as long as all new employees are required to do the same.
END Q
The new information I received today, I feel I am being denied all the above

I was told by a third party that another job applicant was extended a courtesy by the employer to get a waiver from their doctor and got the job
(The same job I was applying for)
However
After I found this out; I contacted the medical facility and I requested the same courtesy to be extended to me, it was denied, pending an approval from the employer; whom already forwarded to me earlier that they would not allow any waiver from any other doctor but their own.

What was told to me or the reasoning behind the denial (actually in a digital correspondence) was that the employer would only take a waiver from the employers medical facility contracted doctors;
Or
In other words
If I was a patient of this facility then a waiver would be considered =accepted
It’s amazing;
Unless a new applicant is a patient of this medical facility… that upon a failure of the medical exam; a waiver would be accepted

the law or with the way the employer is to be with ALL new employees and is required to do the same for all new hires
BUT
…..In this context it seems one has to be a patient of the med facility to get a waiver; as compared with me who is not a patient of the facility and therefore cannot present a waiver..
= to me this not being treated the same under the law nor is it without some kind of a weird type of BIAS; or kick back; or proposed insurance bilking of a type going on here IMHO.

Means
From what I understood,
I would have to change doctors and be a patient of the employers medical facility for a waver to be considered =or accepted,
Otherwise
I cannot present a waiver from my primary care physician or the 7 years of documented history that would contradict their false diagnosis; or so called “failure to pass my exam

Also Means
I would have to undergo non essential medical tests again that I already have verification of over the past 7 years; that contradicts the (falseness) diagnosis of the pre-employment doctor.
I would have to pay office visits and lab fees to a facility that doesn’t my health insurance anymore and or will only take but a small percentage off by my health insurance
What kind of crap is this?

That’s like buying a car from a dealer and only being allowed to get the car repaired at the same dealer to “secure the warrantee
I would have to change my doctor so I can “secure a “job…

But the issue if BIAS exist in that I dumped this same facility 7 years ago (not on good terms) after seeking a physician about my current medical condition;
This group or facility was the very FIRST one who examined me 7 years ago; they didn’t find anything wrong with me then,
Yet with their pre-employment diagnosis did a total 180 degree turn around re(Without any tests)

Quote:
With more information, your attorney should be able to advise you on the next steps you should take.
I haven’t been contacted as of yet, I really don’t know why…
Perhaps an attorney who cares more to do the right thing regardless will pick it up.

But
I kind of figured out that this website (from watching some you-tube videos about LegalMatch) at lest the videos I saw I gathered that the site is more for the attorney to pick and choose which case is more profitable, I hope I am wrong…
I do have an ace in the hole (but that can’t be disclosed here)

Again thanks for the info
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Old 09-25-2014, 09:20 PM   #5 (permalink)
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Question Whistle blower protection act/retaliation

Asked to participate in investigation of my manager. Pa. Civil service law states u have no choice. Handed a copy of the protection law. manager falsified my time cards (1600$ ),sold alcohol to subordinates using light duty employees to deliver, continued to sell numerous items to subordinates.Administration had turned over ( past CNE & CEO )aware of first selling.Had to ask for a years worth of OT time cards and they were blatantly falsified. Had to go to EEOC where a investigator said you have a case! get to a lawyer. Wage & Hour board has a deal with ABA for a low fee as their funding was cut. He charged me 30$ 7 40% of the amt.It was at this time i realized the CEO & CNE had squashed the investigation.Suddenly, I became an Unsatisfactory rating after 8 & half yrs of Commendable evals. I exposed the cover up to DPW & on the first shift i was told the BIG Shots descended on NSH grounds & were overheard yelling, banging on walls,& to this day not one of the chain of command has spoken to me.i suddenly had an interview with HR Director who asked me what was he looking at? Your lawyer sent those. i was stunned he had no idea an investigation occurred!He has cancelled 4x a 3way with my atty.@last minute causing more billable hours.She has continued to falsify my timecards, violated their own EPR process,used a patient to try to file hostile work environment, her husband was hired in the same bldg. (Forensics) a clear violation of civil service. Our mandatory teaching from EEOC was abruptly cancelled as employees from civil side barraged her with this violation.She said I have never seen a more corrupt mismanaged administration ever.I have a secret advisor to Ex. Council( i will honor his annominatilty) who was appalled that anyone of this moral character was still there.She has been caught again with her husband on tape selling dinners to sub.,it was reported to DPW that she had been fired for abuse & came back under her married name, lying on her application,even the pts. know.My ADVISOR TO COUNCIL told me I was being retaliated against my whistle blower act & it was Ms. Taryn -mason Jones CNE. & Edna McCutchen CEO who wanted revenge! I have been investigated 3 times, and they can find nothing. They r using every tactic they can to fire me.They are so stupid as they violated their own management directives, are evaluating me on Excel not in my job description, have disciplined me for rules never existing including 6 susp. days. and more bogus charges since.They resorted to my 3 years as an aide in 1979 to use in my record.If it wasn't so serious its laughable.I am a legal consultant part time & know the law.They aRE REAdy to fire me on ridiculous accusations of which I can prove disparity of treatment as i collected evidence for 2 yrs. I know they thought my statute of limitations had run out.I googled the head of DPW Dept.of Human Resources & I think i struck the mother load! same as my case (limitations & EPR's)& the court ruled in the defendants favor! I believe i have a criminal case now as the cover up is always worse than the crime! No employees have an ounce of respect for this administration & the defense of every grievance filed is disparity of treatment since we work for criminals.The CEO was busted by the Auditor General @ Torrence State Hospital for misappropriation of funds!. I overnighted a copy of my problem to Office of Inspector General last nite & am hoping he acts as his notice states Help clean up state govt.! Since PA is listed as 6th most corrupt leg. in the country Im not holding out for a unbiased opinion.Should I retain council now or wait? Employment lawyers require money up front but since Mr. Mader & the DPW were ruled against in July do i have a chance of an offer settlement or will they tie me up in court for yrs? I have 2 yrs left to retire & my 30 yrs. as an RN with an excellent background is in jeopardy. what u think
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Old 04-05-2015, 10:01 PM   #6 (permalink)
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t sounds from your description like your employer did offer you the job, but the offer was conditional on your passing the medical exam. It sounds like, now that they have received the results of your medical exam, they are revoking the job offer. Unfortunately, according to the EEOC, unless you can show that you were singled out for medical examination and that other applicants were not required to go through the same process, it does not sound like a violation of the law barring pre-offer medical exams. Your lawyer will be able to discuss this with you in more detail.
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Old 04-05-2015, 10:05 PM   #7 (permalink)
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This seems kind of strange that “the employer didn’t give me a heads up” that I even failed the exam in the first place, ignored all my calls, nor gave me the courtesy of an explanation by informing me that I failed the exam in the first place… and to this date I have no Idea why…

______________
emma
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