Legal Question in Employment Law in California

I was not hired due to my heart test wasn't high enough for the job.

I am wondering if I can be denied employment based on my heart being monitored (cardiogram test) and was not high enough for this company guidelines. I am 41, and they said I had to get a 7.5, and I scored a 6.0 on there test. To me , this sounds like they are making me out to be disabled, which I am not. Can I bring a claim against this employer under (Americans with disabilities Act). They based their test I failed on from my age. Do I have any recourse


Asked on 7/23/06, 5:52 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: I was not hired due to my heart test wasn't high enough for the job.

Not enough is known to be able to respond to your question. Some general information:

Employers cannot ask about your health or medical information until a job has been offered. Once the job is offered, they can require you pass a physical to determine if you are physically fit to perform the job.

Once the employer becomes aware of a physical disability, it is required to engage in an interactive process to determine if it can reasonably accommodate that disability to enable the employee to perform the essential functions of the job.

If you believe the prospective employee violated your rights, you should meet with an experienced employment law attorney to evaluate your case. You have one year from the date you were denied employment to file the requisite administrative claim with the California Department of Fair Employment and Housing, to protect your rights.

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Answered on 7/27/06, 6:32 pm


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