Legal Question in Employment Law in Illinois
I was offered a job and I had to take the pre-employment drug screen and physical. They needed my medical records from 6 years ago when I had carpal tunnel surgery. After reviewing the medical records they said that the restrictions that I had to be on would prevent me from performing the job so therefore they could no longer offer me the position.
The doctor that gave me the physical never did any test to see if there was still a problem with my arm and based his decision on the medical records only.
This makes no sense. The doctor that performed the surgery (an orthopedic surgeon) released me to full duty with no restrictions 6 years ago. The doctor who gave me my physical (a general practitioner) gave me so many restrictions that it made it impossible to do the job.
My arm has never felt better and there is no doubt that I can perform the duties of this job. I have never felt that I have been wronged more than now.
Would this be considered a form of discrimination? Is there anything that I can do about it?
1 Answer from Attorneys
It seems to me that the company is using an old set of limitations, in violaiton of the ADA. I am happy to chat with you about this any time.