Yes the medical exam, etc. is part of the hiring process and I passed all. EEOC states that if I passed all the requirements that anyone else passed and was offered a job, then DOC cannot come back and then not hire me due to the muscle tear.
A couple months ago I did the medical, the Dr would not pass me as I had a restriction, I am not going to be albe to complete the mile and a half in 14.35. DOC knew this from the begining and stated that I would be albe to do a bicycle lest instead of the run. DOC also told me that the run times are based on age, and that an older person would not have to run as fast and I could run at my own pace with the slower cadets. That I needed to get my Dr. to clear me to participate in physical training. My Dr. did so and added on his clearence letter that I should take the bicycle test. This was submitted for medical review.
I cleared the medical review and I was then offered employment on 04/17, and a academy class date of 04/29. Two days ago on 04/27 I received a call from the same people who advised me to see my Dr. regarding the letter and bicycle test that I basically had a restriction and that I needed to have my Dr. write another letter stating I was cleared to participate in physical training, with no restrictions, that they had to make the determination that I would take the bicycle test. I went to my Dr's office after receiving the call on 04/27 and my Dr. provided me with a letter clearing me. I called DOC before leaving to make sure that this was what they wanted. They told me to go back in and have my Dr. add to the letter how this was determined (that I was cleared to participate). I went back in and my Dr. got pissed off and said something to the effect that this is not that complicated, if you run too much with scar tissue etc that you are going to aggrivate the area. Unfortunatly that is exactly what he wrote along with, that I was able to tolerate strength training but that again with increased use the conditions worsened. Of course when they got this they said well this does not help. So I am now waiting for occupational health to review my case. Some other part of the DOC organization. I spoke with DOC again this am and was told that what the Dr said about my condition worsening with extended running did not help. Its true if I run 2 miles 3 days a week my leg is sore. But I run and its is better now, my leg does not hurt all day long like it did. I just cant run a 13.45 mile and a half.
This of course does not do me any good as I went and put down some earnest money on a house and signed all the paperwork, as I was hired.
I contacted an atty. here in Phoenix that has delt with the state several times and was recommended by the union but they wont be able to see me until week after next. Occupational health reviews my case on the 7th. So I may be going to see the atty. without a job and be wondering what I can do to seek damages. I will loose a spec home with alot of options that I would not have been able to afford if I built it to spec without the builder discounts. As well as earnest money. Not to mention I have not told the wife, she has a general anxiety disorder and this will not help.
I am just wondering if what DOC did is legal? Have my go through the hiring process, pass everything offer me a job and then take it away? And what recourse do I have if they do come back and not hire me.
