Published Feb 8, 2006
mobaby
35 Posts
I applies and was offered employment in outpatient mental health setting. Required PE and background check. I had physical in which I was honest. I suffer from chronic pain r/t nerve damage in neck/shoulder. Have been monitored by MD for 10 years, on pain meds for same. Even saw pain management MD who concluded appropriate pain meds needed. Saw new job MD who stated she was concerned about my neck, and stated " I am concerned about your neck, and if needed, I will contact you for note from your personal MD regarding situation". I did all the exercises she required and she stated that she did not see any evidence of mobility disorder, and left it that she would get back to me. I wasn't even in the door from this physical and my new boss called, stating that this MD placed me on severe limitations, No lifting, pulling, pushing or anything strenuous. I explained to her my medical history (Pain/nerve damange from car accident and fall 20 years/10 years ago and that I have been maintained the same for last 10 years, pain medication and no limitations. It ended up that they declined me for the position due to failing my pE, even though I brought to them my personal MD's letter stating no limitations, and also my pain management MD's report that also states no limitations. Mind you, I have been doing heavy physical work for the last 14 years, this has never been an issue in any job I have had, and this new job in an ambulatory outpatient center, with the occational patient who 'may fall" Do I have any legal recourseZ? I did read up on the discrimination law and it does state an are of prephysicals, but it also states that employer cannot assume that one cannot perform job if has done it previously. I would appreciate and and all comments, I am crushed. I have been waiting already two months to start this job, and have turned down interviews with other places since getting this job offer. It was my dream job. Please advise.: I
llg, PhD, RN
13,469 Posts
You need legal advice, not nursing advice. You are going to have to talk with a lawyer knowledgable about discrimination cases in order to get an answer you can count. All a bunch of nurses can do is speculate and sympathize.
Good luck to you.
llg
sirI, MSN, APRN, NP
17 Articles; 45,819 Posts
Hello, satchmo. I am sorry but the members of Allnurses.com cannot give you legal advice. Please, if you think you were discriminated, seek legal counsel.
Good luck.