New Hire Physical

How could this be discrimination? Fibromyalgia patients are not a protected group. Folks are so quick to cry discrimination these days!

I take a narcotic pain reliever and muscle relaxers at night as well. I also have fibro and I've been on the same medication combo for over 5 years.

I was honest and upfront in my physical. My doctor was really cool. He just made sure I could move around and basically perform the job. They requested that I bring my bottles with me and I did. I just told them that after being on something for 5 years it doesn't affect me alert wise and while the muscle relaxers do, I only take those at bedtime for that reason. They are prescribed to me five times a day. That very rarely happens. Maybe if I'm flared up and in bed. But that's it.

They just want to make sure you are competent to do the job. Answer all their questions and be positive when you answering.

THANK YOU. It is so refreshing to hear your story and situation. I was honest about the medication down and he asked me to bring in the bottles. I did not say the fibro but said it was d/t car accident. This is my dream job and position and I did not want to ruin it for any reason! Thank you!

I said discrimination if they took the offer back d/t my health condition or the (prescribed) medications I take.

I said discrimination if they took the offer back d/t my health condition or the (prescribed) medications I take.

Discrimination is not illegal unless it is practiced against a member of a protected class. For example, even though nicotine is a legal drug, facilities are within their rights to rescind conditional job offers to people who test positive for nicotine because smokers are not a protected class.

If you have a documented disability, you may have more of a case. I confess I know next to nothing about the ADA and how it is enforced in practical terms, particularly with respect to hiring.

Health care workers have a high incidence of musculoskeletal injuries and many employers are wary of hiring health care workers with histories of a pre-existing musculoskeletal injuries conditions. If an employee with a pre-existing condition is injured while working for their new employer, the new employer may blame it on the employee's pre-existing condition and good luck to an employee fighting it. I think that may be the reason the doctor was careful to note the pre-existing pain conditions on the employment physical.

Health care workers have a high incidence of musculoskeletal injuries and many employers are wary of hiring health care workers with histories of a pre-existing musculoskeletal injuries conditions. If an employee with a pre-existing condition is injured while working for their new employer, the new employer may blame it on the employee's pre-existing condition and good luck to an employee fighting it. I think that may be the reason the doctor was careful to note the pre-existing pain conditions on the employment physical.

I guess I disagree there. If you use the aids your employer provides you and lift properly, you should be fine. I think those of us with muscle issues know how to lift and use our bodies better than normal people because we are more aware. After years of PT, I know how to lift.

From the EEOC:

[h=2]IN GENERAL[/h]Are the rules about when an employer may make disability-related inquiries and require medical examinations the same for employees and applicants? (Introduction) (For more information about this and other issues discussed in these Questions and Answers, please consult the referenced question numbers from the Guidance.)

• No. The ADA limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during employment. The rules concerning disability-related inquiries and medical examinations are different at each stage.
  
  • At the first stage (prior to an offer of employment), an employer may not ask any disability-related questions or require any medical examinations, even if they are related to the job.
    
  • At the second stage (after an applicant is given a conditional job offer, but before he or she starts work), an employer may ask disability-related questions and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category.
    
  • At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity.
    

What is a "disability-related inquiry"? (Question 1)

• A "disability-related inquiry" is a question that is likely to elicit information about a disability, such as asking employees about: whether they have or ever had a disability; the kinds of prescription medications they are taking; and, the results of any genetic tests they have had.
  
• Disability-related inquires also include asking an employee's co-worker, family member, or doctor about the employee's disability.
  
• Questions that are not likely to elicit information about a disability are always permitted, and they include asking employees about their general well-being; whether they can perform job functions; and about their current illegal use of drugs.
  

What is a "medical examination"? (Question 2)

• A "medical examination" is a procedure or test usually given by a health care professional or in a medical setting that seeks information about an individual's physical or mental impairments or health. Medical examinations include vision tests; blood, urine, and breath analyses; blood pressure screening and cholesterol testing; and diagnostic procedures, such as x-rays, CAT scans, and MRIs.
  

Are there any procedures or tests employers may require that would not be considered medical examinations? (Question 2)

• Yes. There are a number of procedures and tests that employers may require that are not considered medical examinations, including: blood and urine tests to determine the current illegal use of drugs; physical agility and physical fitness tests; and polygraph examinations.
  

May an employer ask all employees what prescription medications they are taking? (Question 8)

• Generally, no. In limited circumstances, however, employers may be able to ask employees in positions affecting public safety about their use of medications that may affect their ability to perform essential functions and thereby result in a direct threat.
  
• For example, an airline could require pilots to report when they are taking medications that may affect their ability to fly. A fire department, however, could not require employees in administrative positions to report their use of medication because it is unlikely that these employees would pose a direct threat as a result of an inability, or impaired ability, to do their jobs.
  

Lots more info in the link. Basically, employers are allowed to investigate whether you have a condition ("disability" is a lot broader than I used to realize) or take medications that could interfere with your ability to perform the physical and mental requirements of the job. Ask EXACTLY what potential employers can get away with and you'll get a wide variety of answers depending on who you ask.

ENFORCEMENT GUIDANCE ON DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)

How could this be discrimination? Fibromyalgia patients are not a protected group. Folks are so quick to cry discrimination these days!

Um... I think that any diagnosis of disability is required to be treated as a disability and is afforded protections under the ADA.

Who knows? I may be wrong. But I'm pretty sure I'm right.

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Did you end up getting the job? I am going to be going in for an employee health screen and am getting nervous about pre-judgements about my health conditions and medications. Although my health has never compromised my work performance or attendance, I have experienced delays in starting positions because of concerns of what "could happen" that required further documentation. I now have to fill out a pre-employent health history form and I wonder if it is legal to ask if I've been on disability or ever applied for it? I know that before you are offered the job, that question is optional. Do I have to answer it now?