Refusing to hire due to disability? (interviewed, conference, training, federal)
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i still don't understand the air pressure deal, the planes are pressurize, unless the second floor bitters your sinus, i don't see how planes will. breathe through your mouth. go see another doctor,
now i myself don't like to fly either, i just don't understand the pressure part
[quote=jzeig104;34053535]Cheers for Moby Hick. Can't rep you anymore. We still havent heard back from the OP on the questions that have come up. Would be interested in OP's response. /quote]
I read the first few replies, got to: "you don't deserve a job if you think your medical problem makes you entitled to special treatment from an employer" and backed off the thread.
To those who asked: I have an issue with my leg where I am extremely prone to blood clots. You may have heard stories about perfectly healthy people on long flights (like U.S. to Australia) end up with potentially life-threatening blood clots. Apparently has to do with the pressurization and sitting for a long time, I don't really know. I'm not even supposed to sit for long periods of time on flat ground. I've never had a job where that was a problem--there's always going to get a file, or going to the xerox or something. If nothing else, just stand for a minute. I've never asked for any kind of special accomodation at work.
As someone previously posted, if they wanted me bad enough, they'd make an exception. No exception, then I just move on. I was asked to apply for the job because I'm one of the few already recognized Subject Matter Experts in this field, and the unit doesn't even have one right now, but that's up to the current hiring manager.
I have no intention of suing anyone, or filing a complaint or anything else.
To those who asked: I have an issue with my leg where I am extremely prone to blood clots. You may have heard stories about perfectly healthy people on long flights (like U.S. to Australia) end up with potentially life-threatening blood clots. Apparently has to do with the pressurization and sitting for a long time, I don't really know. I'm not even supposed to sit for long periods of time on flat ground. I've never had a job where that was a problem--there's always going to get a file, or going to the xerox or something. If nothing else, just stand for a minute. I've never asked for any kind of special accomodation at work.
I thought you said you had sinus issues?
If the issue is sitting too long, you can stand up and go to the bathroom on a plane, you can get up and walk around on longer flights.
Whats the real issue here? You have stated 2 different reasons why you cant fly. which is it?
I put in an application last November for an analyst position. The last sentence said "may be required to travel (flying) on a rotational basis." I checked with current employees and they said no one had had to fly anywhere in several years--maybe 3 times total in the last 10 years.
Due to a medical issue, I've been told I cannot fly (air pressure).
At the interview today, the manager said that flying--even though I could work there 5 years and never be asked--is a condition of employment and an excuse of medical disibility would not be accepted.
She went on to say that if I accepted the position, it was with the understanding that I agreed to fly when requested, irregardless of disability and no medical statement from my doctor would be accepted.
Can they do this? (This is a government agency, btw.)
I'm glad I'm not the only one who read the latest and went back on the thread to see where and how I'd grossly misread.
It seems now that the OP probably went to a physician for treatment of a sinus problem and at that time was tangentially told that because of the clotting problem, he shouldn't fly.
"I read the first few replies, got to: "you don't deserve a job if you think your medical problem makes you entitled to special treatment from an employer" and backed off the thread." Well, what can I say, other than that you started a thread to prompt a discussion and when a comment irritated you, you walked away. The comment that irritated you was blunt but to the point and the question you asked was answered.
I put in an application last November for an analyst position. The last sentence said "may be required to travel (flying) on a rotational basis." I checked with current employees and they said no one had had to fly anywhere in several years--maybe 3 times total in the last 10 years.
Due to a medical issue, I've been told I cannot fly (air pressure).
At the interview today, the manager said that flying--even though I could work there 5 years and never be asked--is a condition of employment and an excuse of medical disibility would not be accepted.
She went on to say that if I accepted the position, it was with the understanding that I agreed to fly when requested, irregardless of disability and no medical statement from my doctor would be accepted.
Can they do this? (This is a government agency, btw.)
You should not apply for any position where the job requirements contain aspects that you cannot fulfill. If it says you have to be ready to fly, then you have to be ready to fly. Period. Don't apply for a position where you cannot fulfill the written job description. This is simple logic. A job is an agreement to trade labor for wages. A job is not a right or something you should demand, disabled or otherwise.
And checking with current employees in an effort to do an end run around the written job requirements? I don't want you in my company with that kind of behavior.
I must be missing something here because the situation is very black and white to me.
The OP cannot fly and one of the job requirements is to fly (the regularity of flying is irrelevant, the person needs to fly). He can't perform the job description so he doesn't get the job.
You can't push a square peg in a round hole.
If they wanted this candidate bad enough, the company would make it work. Obviously they don't.
I feel like I'm missing something here as well. But whether it's a sinus issue/air pressure or blood clots or whatever, the OP believes that he cannot fly due to the recommendations of his doctor.
The employer has made it clear that flying is part of the expected job duties. Makes no difference what the other employees are up to, this position requires flying.
I agree that if the company wanted him, they could overlook the flying business since it happens so rarely.
My guess is that there are other reasons involved, but who knows?
In any case, if you can't fly, you can't perform the duties of the job. Case closed.
By the way, just because you have a medical issue, it might not necessarily come under the heading of a documented disability for ADA employment purposes.
For example, some people take medicine for high blood pressure and their doctor has recommended they lower their stress level. This does not mean that their employer must provide a stress free work environment to accommodate their medical issues.
I think you should contact the Department of Fair Employment and Housing. Those are the folks who know CA law and who will go to bat for you and it's free:
They are investigating a discrimination complaint for me, but it's about fair housing, not employment. Anyway, these are the people to call. You can call them for general info. If you can't get a human who knows anything, go ahead and file a complaint. Then someone who knows their stuff will call you. They first have an intake person interview you and decide if you have a valid complaint, then another person takes over your case - an invesigator.
You're mixing apples and oranges. And giving the OP bad advice that will waste their time and energy.
As others have already stated the OP can't do one of the job requirements. It is unfortunate that it sounds like having to fly might not even come up or come up very rarely, but the OP cannot do that and that disqualifies them from the job.
I agree, for someone to drive, take a train or not go is not a reasonable accommodation. The OP should not apply for positions where they cannot meet the requirements. I hired for a position that requires lifting up to 75 pounds, and though it may only happen once a month I would not hire someone unable to do that, disabled or not. If the applicant says they can do it, then when the time comes cannot, they would fail probation and be let go.
And how ticked would I be if I had to do all the flying because management had hired someone who couldn't fly, even though that was a job requirement?
If this is a government job, are there other offices? Maybe no one in that office has flown lately, but employees in other offices do fly. With a government job, you don't get to decide what office you are going to work in. You work where they assign you to work.
I worked a job where flying was a job requirement, and in 12 years nobody on my office took a flight. Except, oh wait, every one of us took a long flight to training and back and most of the employees also flew to their duty station.
People from other stations flew frequently. I just happened to be at a a station where we didn't.
Before I got there, every employee got called up with no notice to fly 12 hours a day for about 6 months. Everyone, no exceptions. Just because it hasn't happened since does not mean it won't happen again.
Just because I never got put on an airplane doesn't mean that at some point, someone won't be sent to a different station on an emergency basis.
Governments don't have it in for people with sinus pressure problems. If flying is part of the job requirement, then someone in that branch of service has to fly. It's dificult enough to find good emplyees without putting in meaningless requirements that have nothing to do with anything.
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