I have been told that you only have to disclose a disability if it is something that prevents you from performing an essential function of the job.
I advised them both before and after being hired that I have a driving restriction that does not allow me to drive a company vehicle or a client. I was told both times not to worry about it, as it is not necessary for the position. I also had a physical exam and drug test which I passed. I had a lengthy discussion with the occupational health doctor in which I told him about being diagnosed with epilepsy. I told him that I take Dilantin and Keppra and that my seizures had been controlled for 5 1/2 years. He told me that I do have lifetime restriction preventing me from driving clients and driving a company car. He asked me about the position and he told me that I was able to perform the essential functions of the job. He told me that he approved me for the position and that he would not mention anything about epilepsy in the report. He was the employer's doctor and he approved me for the position being fully informed.
After disclosing my epilepsy for purposes of explaining that I would not be driving the client (walking instead), I was told 10 minutes before I was to meet with the child, that I was fired. I was told that I lied on my application, I was yelled at and they refused to discuss anything further. I called the supervisor and left a voicemail, but never called back. I received a letter stating that I had misrepresented myself (lied) on my application. They then told me that they would put me on a list to be hired for the same position.
If I was unable to perform my job duties for the first client, how could I perform them for the next one. I was never called for a job even though they were advertising for the position in my area on the Internet.
I filed a complaint with the EEOC. They took the complaint and after 1 1/2 years of investigating, they issued me a right to sue letter. I live in an "at will" state and they can terminate your employment for no reason. However, they terminated my employment for the reason of not being able to do my job, which was not true. This is illegal under ADA statutes and is considered employment disability discrimination and this is illegal under federal law.
So while you are obligated to advise the doctor that gives the ok for employment with health problems, you do not have to tell the employer about them.
Terry (female member of group)
Sent from my iPhone
On Jun 22, 2012, at 8:05 AM, terri sutten <suttenterri@hotmail.com> wrote:
> My point here is Terry stated he got fired from employer after he found our Terry had epilepsy. This HAS to be disclosed when going for any job. I have ep all my life and had to disclose it always. If not you can get fired and more than likely not have anything to fight for in court. This covers the businesses from being sued. Too many states are a " at will".or whatever they want to call it. This means the state can fire you for any reason.
>
> Also if Terry just started this job, most companies give a 60-90 trial period where they can fire you and not give a reason for it.
>
> Terry I also was almost a paralegal- had 1/2 yr and worked with state volunteer time so I know this much. Did you inform your employer you had ep before getti g hired? What exactly are your state laws?
>
> Sent from my iPhone
>
> On Jun 20, 2012, at 12:13 AM, "Terry Martin" <trm0818@yahoo.com> wrote:
>
> > I have been trying to find an Employment Discrimination Lawyer to represent me in a case that I have filed against an employer who fired me after learning that I have epilepsy.
> >
> > I have called the Epilepsy Foundation and they have suggested a few agencies that do this, however they are too busy to handle my case.
> >
> > I have also called a few private attorneys and met with one. I could not afford to hire them. Even on a contingency basis, they require a smaller hourly fee.
> >
> > This case is very important to me. I almost lost my house and I do not have health insurance because of this. I was and still am depressed about losing this job. I had planned to work there a long time. It was a job working with persons with disabilities. I couldn't believe that this is what they do and they fired me.
> >
> > I filed a complaint with the EEOC and after investigating my complaint, they issued a Right to Sue Letter. This definitely makes my case stronger.
> >
> > Does anyone have any ideas? The Federal Court has attorneys who can help me to represent myself, but not to actually represent me. I live near Chicago in Illinois. Thanks!
> >
> > Terry
> > Sent from my iPhone
> >
> >
>
> [Non-text portions of this message have been removed]
>
>
>
>
>
>
>
[Non-text portions of this message have been removed]
No comments:
Post a Comment