Legal Question in Disability Law in California
Tuberculosis PPD skin test hiring discrimination
I was recently given a conditional hiring at a railroad company. I needed to receive a medical evaluation prior to recieving a confirmation on my employment. During a medical questionaire, I confessed to being previously PPD skin test positive. This did not mean that I had tuberculosis, but rather that I have been exposed to the disease. I had a military doctor give me confirmation that I was not currently an active tuberculosis carrier, but an inactive. The railroad company rescinded their offer of employment, because I am an inactive carrier of the disease and have not recieved the preventive medication to eliminate any TB germs that are not active in my body. The military doctors gave me a clean bill of health for not being active tuberculosis. It is in my medical records. I met all the other requirements for being hired at this company, and I was selected from a group of 70 personnel to be conditionally hired. Is this an A.D.A. violation? Thanks.
1 Answer from Attorneys
Re: Tuberculosis PPD skin test hiring discrimination
Obviously, there are many more facts that have to be assessed to offer a definitive opinion but from the facts you present, you certainly form the basis for an ADA violation, although your chances of success are much better by pursuing a disability discrimination claim under the California Fair Employment and Housing Act, which is more protective of persons with disabilities.
You need to schedule an appointment with an employment law specialist in your area for a full assessment of your case. The attorney should be familiar will federal court because that is where you most likely will end up, the prospective employer being a railroad, subject to federal jurisdiction.
Be aware there are srtict deadlines for filing claims, so if you decide to pursue this, do not hesitate in getting legal advise.
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