Legal Question in Civil Rights Law in Virginia

Hi--that's a good question. It depends on the reason for their giving the physical, and for your failing it (if they actually gave it to you). It's possible the medical issues you're describing weren't related to your ability to do the job. As you can imagine, companies want to be sure their drivers will be healthy and safe, and problems other than drugs could interfere with that (everything from eyesight to epilepsy), so it's permissible for companies to have their drivers take physicals. But it's also possible that a physical can test for, and even fail you based on, problems that are real but that are not job-related. So that's something to look into.

One law I'd say is likely involved here is a federal civil rights statute called the Americans with Disabilities Act of 1990 (we call it the ADA). It says employers can't mistreat or fire their employees based on disability or--and this is key--perceived disability. Suppose your medical issue, or even the result of your physical, makes them think you're disabled, when in fact you're not. Firing you on that basis is a form of discrimination prohibited by the ADA.

Here's how this sort of thing can work. If you or the employer is in Virginia, you hire a lawyer licensed in Virginia (me, perhaps!). We investigate the questions I've identified, plus others that are relevant (like how long ago this happened--we don't have forever within which to pursue this). If we think there's a claim, we write a letter to the company or its lawyers, saying hire this employee back, or else settle for some amount of money, or we sue. Of course we have to be ready to sue if we want our threat to have any value. That means we have to prepare the case at least partially before we write such a letter (we call it a "demand letter").

So, if you think you have a case, or want to explore whether you do, please feel free to write or call me. I'm a long-time civil rights lawyer, formerly of the U.S. Justice Department, and I love doing these cases for people with good claims. If we win, the federal statute says the employer has to pay our lawyer fees, so that's something of an incentive not to let good claims go unpursued. Let me know what you think. --Steve Pershing.

Stephen B. Pershing, Esq.

The Chavers Firm, LLC

1250 24th Street, N.W.

Suite 300

Washington, D.C. 20037

(202) 467-8324

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