Nurse with Latex Allergy

ann945n, RN · Jan 20, 2007

I would be so surprised if they can leagally not hire you because you are allergic to latex. If that was true then they could refuse to treat pts with it as well. I would fight that and look into the law. Then again would you really want to work somewhere were they were accomidating to that?

welch07 · Jan 20, 2007

Thankfully the job that I was leaving has agreed to let me stay. I am now looking into taking legal action. I have been seeking high and low for information on how a hosp or other health facilty legaly cannot hire some one with a latex allergy. I have been tested by my doc and by the hosp I work in now. I was even tested by the hosp I was hired by!

kukukajoo, LPN · Jan 21, 2007

Not sure if it is legal or not- I was wondering the same thing. Our local hospital (in NH) on their website of job postings states you must be able to work in a latex environment and I wonder how they get away with it.

I know of an LNA (CNA) that developed a MAJOR latex allergy and could not even wear sneakers or pants with elastic in them. She would blister and sometimes end up in hospital and they did nothing for her, just said see you later.

AfloydRN, BSN, RN · Jan 21, 2007

Legally, they have to have that policy posted somewhere. I would ask to see it. If no policy, call your lawyer. It could be viewed as discrimination.

Agnus · Jan 21, 2007

Did they tell you that you are not being hired because of your latex allergy? Or are you assuming this is the reason?

By law they must make reasonable accomodation. That is provide laytex free material. Not hard not expensive. Not unreasonable.

Even if this is the real reason unless they specifically stated it they can claim it is not the reason. An employer is never under obligation to hire you. They are not even obligated to hire the best qualified. They are not permitted to discriminate based on disability. They do not have to state why you were not hired. If you suspect it was because of a disability where they can easily make reasonable accomodation and have some proofe they you may have a case.

I am willing to bet since you stated this facility already uses non laytex then the reason lies somewhere else.

welch07 · Jan 22, 2007

angus thank you for the post. Yes they did tell me the reason was because of my latex allergy. Hopefully they will put that in writing. But I will not hold my breath.

AMR21, BSN, RN · Jan 22, 2007

i was just thinking, does NOT hiring you have to do with the ADA at all? Check this out http://www.eeoc.gov/types/ada.html

Plz. keep us informed and i am SO sorry this had to happen to you.

welch07 · Jan 22, 2007

thank you amr21 I looked at the web site and printed off some info. I'll keep looking and go from there.

gr8rnpjt, RN · Jan 22, 2007

I am thinking I would contact whomever told you this and request that they put it in writing. If they were not afraid to tell you this is the reason then they may be stupid enough to put it on paper. Then you have ammunition to fight this. I have a latex allergy as well and the inability to have accomodations made for me was part of the reason I left bedside nursing. But this was in the late 80's and it was not considered a big concern at my hospital at that time.

welch07 · Jan 24, 2007

For those of you who have read my post on Nurse with latex allergy here is an update. I have called the ADA all they did was give me more phone numbers to call. The hosp that recinded their offer will not call me back. My own nursing union will not call me back. I have however recived an email from a state rep that I wrote to and she will get back to me soon. I did call a lawyer he will get back to me at the end of the week. No wonder why so many people give up on this matter it's fustrating as heck to get answers!:uhoh21: :confused: :smackingf :banghead: welch07

SK-222 · Jan 24, 2007

^^ Best of luck.

It's mind blowing that some broad got $2 million for spilling coffee from McDonalds a few years back, but a person with a legit issue gets raked through the cement