Is this legal?

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I went on an interview with a recently sprained ankle and was on crutches. I was completely honest in my progress and hopeful recovery period. I was asked to come back to meet the staff and was offered the job all while on a scooter and crutches during this time. The employer knew it would be a month or so before I could start and said they would wait. I found out it would be longer after an MRI showed a complete ATFL tear. Now I am looking at 6-7 month recovery in a boot cast. The employer is saying they will not wait that long for me and I am a liability to let work there while in a walking boot. Is this legal or discrimination because of my temporary disability?

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Specializes in Maternal - Child Health.

I don't believe that a temporary injury is the same thing as a disability as defined by federal law. You have an injury from which you are expected to fully heal (albeit over time), which sets your condition apart from something like diabetes or arthritis or a seizure disorder. And unlike pregnancy, ankle injuries are not a protected class.

On the practical side, you will need to devote a significant amount of time to surgery and therapy, during which you will be unable to work. Most health care emloyers view casts, boots, etc. as an unaceptable liability in clinical staff. The risk of further injury to you in the workplace is significant, as your job would require substantial time on your feet, easy mobility, lifting, etc. There is also a risk to your patients if you are unable to respond quickly in the event of an emergency, or unable to protect them from falls, etc. due to your limitations.

To sum it up, I don't believe this amounts to discrimination any more than if you were in a car accident and unable to work. I suggest that you write a thank-you letter for their interest, asking them if you will be considered when your recovery is complete.

Best wishes.

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I give you props for meeting the staff on a scooter & crutches!

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Specializes in Med/Surg, Ortho, ASC.

If you can file a viable claim with the Association for Americans with Disabilities, then it is logical that you can claim discrimination.

If you cannot file that claim because your "disability" is temporary, then your discrimination claim is not logical.

As far as I can tell, ATFL tear is not a protected class (open to discrimination claims) as are race, gender or age.

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No employer needs to wait, not even for a second. I think you were very lucky there to have them wait at all for you. Like, when does that ever happen?! :confused: There are now (I'm even gonna say it) a few thousand new grads needing jobs, and probably near that of experienced nurses who are desperate to change jobs out there!

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Specializes in ER/ICU/STICU.

I don't see any discrimination. This employer was willing to hold this position for you for a month. Now your situation has changed and they obviously can't hold it for you for 6 months. I think you are being a little unrealistic expecting them to hold it for 6-7 months while you recover.

If this is really a place you want to work, instead of stirring up trouble I would keep a good relationship and revisit the issue when you are recovered or close to being recovered.

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I don't see any discrimination. This employer was willing to hold this position for you for a month. Now your situation has changed and they obviously can't hold it for you for 6 months. I think you are being a little unrealistic expecting them to hold it for 6-7 months while you recover.

If this is really a place you want to work, instead of stirring up trouble I would keep a good relationship and revisit the issue when you are recovered or close to being recovered.

Yes! And you know what I'd do if I were you? I'd send them some great bakery stuff/card to say thanks for waiting and giving you such kind consideration.

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Specializes in Cardiovascular, ER.

I agree with not stirring up trouble. I find it a little disturbing that you are even thinking about legalities with this. Really? They have a slot to fill and you expect them to wait months for you to be available? They don't do that with already hired employees who are on leave for 6 months. They fill the slot (at least in my experience).

Good luck with your recovery, but please consider looking at this with a new angle.

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Once again.. Props for rolling up on a scooter and crutches! Very brave.. That would not fly over here.. Sure they would be polite and smile but after you left.. It wouldve been a field day for the wannabe comedians.

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Disabilities covered under the ADA act only refer to situations where you would be able to do the job with a disability if reasonable accomodations were made by the employer. As a floor nurse, if you can't hit the floor running -- literally -- or handle any of the physical requirements of the job, a facility is within their rights to say they don't want to hire you.

I agree with onaclearday. Send them a card or some muffins, thank them profusely for extending the offer given the circumstances and let them know that you would love to talk to them in the future when you have recovered.

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Don't ruin your future chances with this employer. Keep in touch and maybe you will have a job with them once you are fully healed.

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