TaraMaiden Posted May 7, 2011 Share Posted May 7, 2011 (edited) Tara Maiden- Where on a job application is it allowed to write medical conditions ? I beleive persons' medical diagnosis and treatments are protected under federal law on applications or at time of interview? An Employer can request at time of entry for employ: 1: Drug testing 2: Physical exam 3: Mental exam 4: Any felony charges or offenses. Don't agree with the way they handled the dismissal for Laurie yet because they kept it vague in reasoning they covered their bums. Every politician should be fired and every lawyer dismissed if "being completely Honest" and not giving FULL disclosure was a pre-req. People tell on a need to know basis and if its a pre-req for the job duties directly. Let's be clear here: I'm in the UK: It is illegal here to discriminate against anybody in terms of: Race, gender, religious persuasion, sexual persuasion, age or disability. However. All applications to all jobs include a clause where any medical condition requiring regular monitoring, medical intervention or a special need (such as a wheelchair user) has to be declared, in order for the company to both adequately provide whatever you might need to fill your job role perfectly AND to cover them, and to advise their insurance company of this eventuality. This does not infringe a person's right, because applications are confidential, but it's a safety measure designed to protect ALL parties. I don't see that in some matters, the law in the UK is much different to Law in America, although you do have glaring differences in some matters, from State to State. In fact, I believe, regarding some factors where prejudice might occur, the UK is a lot more open-minded and liberal than the USA. But the law here, is very clear. Not mentioning something that might be a mitigating factor, when having been asked to do so, is an adequate reason to terminate somebody's employment, particularly during their probationary period, no matter what that factor might be. It appears Lauriebell82 wasn't asked about any possible medical conditions on her application, so the point is moot. Edited May 7, 2011 by TaraMaiden Link to post Share on other sites
whichwayisup Posted May 7, 2011 Share Posted May 7, 2011 I never thought this would happen to me. I dislosed to my employer that I have a disability and they fired me. I am so confused and upset, has this ever happened to anyone? I contacted a lawyer but I am just trying to make sense of the whole thing. I don't know if I should try to go down the legal road but I feel as though I owe it to myself. I have never been discriminated against and am shocked that someone would do this to me. W..T..F? Reading this really pisses me off. LB, they are so in the wrong and you make sure to fight this. Even if you don't get your job back, make them PAY FOR IT, $$! I am shocked that HR would allow them to do that to you. I am so sorry, hugs.. Link to post Share on other sites
2sunny Posted May 7, 2011 Share Posted May 7, 2011 i still think there's more to this story. LB - you didn't give details about what has happened since you arrived at this job. i'm not going to assume... but in your last job you had conflicts with the gal you worked with. in this new job how were you received by all the staff - how were you getting along with them - and your supervisors? did they say they were happy with your performance up until the point this happened? just trying to get a feel for how things were since you started this job... Link to post Share on other sites
alethean Posted May 7, 2011 Share Posted May 7, 2011 What idiots! I hope you get yours. Link to post Share on other sites
Citizen Erased Posted May 7, 2011 Share Posted May 7, 2011 I am really sorry, LB. It took me a long time before I told my current employer of my own health issues, this kind of thing happens so often...but for you to move and all of that, and how blatant their intentions were, how they think they can get away with it is beyond me. Good luck with any legal action you may take against your ex-employer. And I suppose trust your next employer less with this information, if possible, until you see how they really are. Link to post Share on other sites
Fugu Posted May 7, 2011 Share Posted May 7, 2011 (edited) Okay, more info. I have Epilepsy which I was diagnosed with at age 9. I had seizures up until I was 14, which was the last time I had a seizure. I take medication everyday and am controlled. I have not had a seizure since I was 15. I never disclose to any employer up front that I have Epilepsy because I do not have seizures. Sometimes I will tell my coworkers after I get hired (like at my last job they knew) after some substantial amount of time passes and have never heard a peep from anyone. My disability does not prevent me from doing my job, nor do I need reasonable accomodations. I have to miss work to go to a doctors appointment once per year and I use vacation time. Nobody would even know if I didn't tell them. Anyway, I have worked for this very small rehab for about 2 weeks, my husband and I recently moved. They are the ones who terminated me. I ended up disclosing to the clinical manager that I had Epilepsy yesterday after a medical emergency with a client happened. I never in a billion years assumed that I would get fired over it. They told me I "wasn't a good fit" but would not explain to me what that meant. They also told me that I could keep the relocation money they gave me, however in a contract that I signed, it said that if I or they terminate my employment prior to 90 days I have to pay back the money. Seems a little bit like hush money to me... I don't know if you would have a case. I believe that one of the requirements for filing a claim under ADA is that the employee has to disclose the disability and how it may impact his/her work at the place of employment. I don't know what the consequences of not telling them are in this case. Obviously, they know now that you have this disability, but I am wondering if they could argue that you should have told them prior to being hired. You're protected under ADA, but I don't know if you're protected if you willfully withhold material facts from an employer. Additionally, it might be better just to go ahead and move onto something else. You only worked there two weeks, so it's not like you would have to mention it on your CV. Edited May 7, 2011 by Fugu Link to post Share on other sites
Author Lauriebell82 Posted May 7, 2011 Author Share Posted May 7, 2011 I don't know if you would have a case. I believe that one of the requirements for filing a claim under ADA is that the employee has to disclose the disability and how it may impact his/her work at the place of employment. I don't know what the consequences of not telling them are in this case. Obviously, they know now that you have this disability, but I am wondering if they could argue that you should have told them prior to being hired. You're protected under ADA, but I don't know if you're protected if you willfully withhold material facts from an employer. Additionally, it might be better just to go ahead and move onto something else. You only worked there two weeks, so it's not like you would have to mention it on your CV. I don't know if you read the whole thread, but I don't need reasonable accomodations and my disability does not effect my ability to do my job, therefore I don't have to disclose it. It doesn't even matter that I withheld the information, it's illegal to fire someone based on the fact that they disclosed they have a disability. Link to post Share on other sites
Fugu Posted May 7, 2011 Share Posted May 7, 2011 You may be right. Anyway, it certainly sounds like they treated you unfairly. I hope you are able to land on your feet whatever happens. Best of luck. Link to post Share on other sites
allina Posted May 8, 2011 Share Posted May 8, 2011 Hi LB, I just wanted to say I'm so sorry this happened to you and *hugs* And of course yay SG for having her back Link to post Share on other sites
Author Lauriebell82 Posted May 8, 2011 Author Share Posted May 8, 2011 Thank you so much everyone for your kind words and support, it feels good. As SG said, she has advised me not to post any more details about the path I am taking, but I would love for everyone to keep posting and offering their support, as it has helped me get through this awful situation. I never thought this would happen to me and I cant believe it has. It's sad that their are people like this in the world. Link to post Share on other sites
pureinheart Posted May 8, 2011 Share Posted May 8, 2011 Okay, more info. I have Epilepsy which I was diagnosed with at age 9. I had seizures up until I was 14, which was the last time I had a seizure. I take medication everyday and am controlled. I have not had a seizure since I was 15. I never disclose to any employer up front that I have Epilepsy because I do not have seizures. Sometimes I will tell my coworkers after I get hired (like at my last job they knew) after some substantial amount of time passes and have never heard a peep from anyone. My disability does not prevent me from doing my job, nor do I need reasonable accomodations. I have to miss work to go to a doctors appointment once per year and I use vacation time. Nobody would even know if I didn't tell them. Anyway, I have worked for this very small rehab for about 2 weeks, my husband and I recently moved. They are the ones who terminated me. I ended up disclosing to the clinical manager that I had Epilepsy yesterday after a medical emergency with a client happened. I never in a billion years assumed that I would get fired over it. They told me I "wasn't a good fit" but would not explain to me what that meant. They also told me that I could keep the relocation money they gave me, however in a contract that I signed, it said that if I or they terminate my employment prior to 90 days I have to pay back the money. Seems a little bit like hush money to me... This is as far as I got in your thread. Wow, that place must have some really radical guidelines as most employers would shine that on. Now in my world this would be grounds for termination due to safety reasons. We are asked everything under the sun and are required to sign a bunch of stuff releasing the company of any liability...blah, blah , blah. I swear everytime I got called back to work I felt like a criminal because of all of that stuff I had to fill out! Wow, won't they work with you????? Like you signing something that releases them of liability should you have an attack on company property? Or is this because of their insurance, meaning they becaome uninsurable because of you???? Link to post Share on other sites
Author Lauriebell82 Posted May 8, 2011 Author Share Posted May 8, 2011 (edited) Wow, won't they work with you????? Like you signing something that releases them of liability should you have an attack on company property? Or is this because of their insurance, meaning they becaome uninsurable because of you???? You'd think they would work with me. I don't think they will be "uninsurable" but because they are a small company, they may be thinking in terms of the fact that I would drive up the premium on their plan due to my pre-exisiting condition. I think even having me sign something releasing them from liability is discrimination, as they HAVE to offer me reasonable accomondations, they can't just have themselves released of liability since they hired me. I don't need reasonable accomondations, but legally what a corporation has to do is offer them to me after I disclose I have a disability whether I need them or not. It's illegal to follow any other procedure. Usually when I have disclosed to previous employers it has been an informal type disclosure footnoted by the fact that I don't have seizures and am controlled by medication, therefore not hindering my ability to do my job or needing reasonable accomodations. Past employers have basically just said "okay" which is the appropriate response. Edited May 8, 2011 by Lauriebell82 Link to post Share on other sites
pureinheart Posted May 8, 2011 Share Posted May 8, 2011 You'd think they would work with me. I don't think they will be "uninsurable" but because they are a small company, they may be thinking in terms of the fact that I would drive up the premium on their plan due to my pre-exisiting condition. I think even having me sign something releasing them from liability is discrimination, as they HAVE to offer me reasonable accomondations, they can't just have themselves released of liability since they hired me. I don't need reasonable accomondations, but legally what a corporation has to do is offer them to me after I disclose I have a disability whether I need them or not. It's illegal to follow any other procedure. Usually when I have disclosed to previous employers it has been an informal type disclosure footnoted by the fact that I don't have seizures and am controlled by medication, therefore not hindering my ability to do my job or needing reasonable accomodations. Past employers have basically just said "okay" which is the appropriate response. Wow, that is really messed up, and if something (disability) is under control I'd forget it too. Like for instance I have Graves Disease, although my labs are normal now...technically I still have the GD, and when it is active there are meds to control it...but I would forget because it's not affecting me now. Wow LB, I am really sorry about this, although I really believe everything will turn out in your favor. There is a reason this happened...there's a better job out there for you:) Link to post Share on other sites
PerpetualMotion Posted May 8, 2011 Share Posted May 8, 2011 I'm really sorry this happened to you. *Hugs* (((LB))) I have someone close to me that also has epilepsy and she too takes medication everyday which prevents her from having seizures. Even though things are much better than what it used to be, it saddens me to see the stigma that epilepsy still carries. Good luck and stay strong. Link to post Share on other sites
Dust Posted May 11, 2011 Share Posted May 11, 2011 I don't know how small your town is, or how close-knit the industry is, but if potential employers find out you are suing for discrimination, you may find getting interviews to be difficult. No one will know, people don’t even check references. Link to post Share on other sites
Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 I don't know how small your town is, or how close-knit the industry is, but if potential employers find out you are suing for discrimination, you may find getting interviews to be difficult. Legally they can't ask me and I don't plan on offering up the info. As far as other ways they can find that out, I'm not sure that's something I need to find out. Where's SG when you need her... Link to post Share on other sites
betamanlet Posted May 11, 2011 Share Posted May 11, 2011 Yep, that's what the lawyer said. You are right about it not being HIPAA, I'm pretty sure I DON'T have to disclose that I have Epilepsy though and legally they can't ask me right? What kind of job? if you are a bus driver, then yes, they shouldn't be hiring you for a job where your disability could get people killed if you have an attack of it. What kind of job was this? Link to post Share on other sites
Star Gazer Posted May 11, 2011 Share Posted May 11, 2011 What kind of job? if you are a bus driver, then yes, they shouldn't be hiring you for a job where your disability could get people killed if you have an attack of it. What kind of job was this? Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work. I know LB struggled a bit prpfessionally in the past, but that's irrelevant. This employer has no excuse! I'm telling all of you that you really need to lay off and stop being so nit picky about this. It was discrimination, period. They had no reasonable basis to terminate her. Link to post Share on other sites
betamanlet Posted May 11, 2011 Share Posted May 11, 2011 Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work. I know LB struggled a bit prpfessionally in the past, but that's irrelevant. This employer has no excuse! I'm telling all of you that you really need to lay off and stop being so nit picky about this. It was discrimination, period. They had no reasonable basis to terminate her. In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it. Link to post Share on other sites
Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 Not a bus driver, teacher, doctor, nurse, carnival ride operator, flight controller, or anything else that could endanger someone if/when she ever has a seizure (which she hasn't in like 13 years or something). Her condition isn't dangerous to anyone at work. In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it. I have a valid driver's license, therefore this would not be the case with me. Depending on the state, those with Epilepsy who actively have seizures cannot have a driver's license and have to be seizure free for like a year or something. Certain jobs do involve driving, however reasonable accomodations say that a person has to be offered the option NOT to have to drive (like a counselor who drives clients to NA meetings) if there is alternative way to transport them there (like another person). Some jobs require you to have a licensure which cannot be avoided (such as a bus driver) and in that case you have to have a valid driver's license to even get past the application process. I don't think that falls under discrimination, as they cannot legally put someone on the road who does not have a license. Is that correct SG? Link to post Share on other sites
Star Gazer Posted May 11, 2011 Share Posted May 11, 2011 In certain cases, if public safety was involved, someone with epilepsy would rightfully not have been hired in the first place. And should surely be fired for not disclosing it. Public safety is not involved here. Link to post Share on other sites
GorillaTheater Posted May 11, 2011 Share Posted May 11, 2011 Getting in late here. Have you filed a complaint with the EEOC? What's the deadline on that, Star? I think it's either 180 or 270 days. Link to post Share on other sites
Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 Getting in late here. Have you filed a complaint with the EEOC? What's the deadline on that, Star? I think it's either 180 or 270 days. SG advised me not to talk about my plan, but I think the deadline is 180 days in state of Pennsylvania. Link to post Share on other sites
Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 Public safety is not involved here. Yes, N/A to me in this case. Unfortunately people with other cases of Epilepsy have a much more difficult time finding employment. People with Status Epilepticus or who have multiple seizures per day cannot work and are very limited in their ability to function. It's so sad. I really am so fortunate to function as well as I do. There was a time when I wasn't controlled and it was the most horrible time in my entire life. I am in the minority as far as CWM Epilepsy (controlled with medication) goes and I'm so thankful for it. Anyway, I guess this whole thing happened for a reason, it probably wasn't the right place for me to work. I hope I find that place where they respect their employees and would never think about discriminating against someone. Link to post Share on other sites
2sunny Posted May 11, 2011 Share Posted May 11, 2011 i still think you must have had something happen besides this - why not simply go directly to them and ask them what you did that made them fire you? you are ASSUMING it's the epilepsy - but it may not be that at all... Link to post Share on other sites
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