Legal Question in Employment Law in Illinois

My husband was offered a job was tested for it and everything passed just fine. while he was filling out tax info and direct deposit info he was asked if he had any medical conditions..my husband said yes he has a heart condition but has been cleared by his cardiologist and family doctor to work with no restrictions, immediately they told him they were retracting his job offer....could we sue for this?? it just doesnt seem fair at all considering he had the job! he performed the job with no accomidations but as soon as they found out about his heart (which he hasnt had any trouble with in over 6 years even doing a job at a different company but doing the same thing.)


Asked on 5/13/10, 9:23 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

From what you have described, this is blatant discrimination in violation of the Americans with Disabilities Act (ADA). Although the ADA allows medical inquiries ater a job offer has been made, it prohibits an employer from regarding someone as disabled and not capable of performing the job functions based on perception/presumption. Your husband should act quickly as there are strict timelines within which he must file a complaint with the Illinois Department of Human Rights and/ US Equal Employment Opportunity Commission (EEOC).

Read more
Answered on 5/19/10, 5:27 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Illinois