Legal Question in Disability Law in Pennsylvania
post employment physical and discrimination
During a post employment physical with a prospective employer, the fact that I have a herniated disc came up. I sustained this injury at my other job (different company) and am going through workers comp there for treatment. My injury causes minimal discomfort only. I exhibited no physical problems during exam for the new job. I have no restrictions in my other job that apply to this new job. The job does require tasks where I will bend and stretch and at times lift. However, I do that in my current job, have no restrictions on these tasks, and performed the physical exam perfectly. Initially they thought I had a lifting restriction and did not give me medical clearance. I corrected them on that and asked them to review again in light of the fact that I have no applicable restrictions to this job. Can they again bar me from the job simply because they have a concern I'll get hurt due to my existing injury? Can they make me take yet a second physical to prove my fitness if I insist they pursue my case for employment? Thank you.
2 Answers from Attorneys
Re: post employment physical and discrimination
Sounds like you are being "Regarded As" having a limitation on a major life activity. This fact should put you within the protection of the ADAAA effective January 2009. Consult a seasoned Labor & Employment attorney on a contingent fee. If you would like a referral or can travel to central PA, feel free to use me as a resource.
Good Luck.
TV
Re: post employment physical and discrimination
You asked about being screened out from a potential job.
Your potential employer is concerned that your injury could cost them money, and rightly so.
But the employer is probably prohibited from discriminating against you. First thing is that they can't discriminate against you for a perceived disability. If they do so then they would be liable if you prevail in a suit.
Also, the employer is concerned that your work may aggravate your injury. As long as you don't close out the worker's compensation case then any exacerbation or reinjury would go to the former employer.
You need to speak with an employment attorney regarding you case. Hopefully you can get to work, after a few letters. If the case goes to trial the attorney's fees are usually included in the award. But you may be able to get the job by using an attorney to head off the matter, and that would come out of your pocket. There is no guarantee on either end though.
Regards,
Roger
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
