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antlaw

Member
What is the name of your state?florida
was offered position as manager trainee at major auto parts store. Had to take drug test and background check as part of pre-offer screening. Have disability, is on meds which would cause positive for marijuana in drug test. Tell manager about disability and medications, Also tell the manager that doctor is preparing letter validating this, and showed medication bottles. manager then asked what disability was. Disclosed it was being HIV positive...suddenly manager had to speak to human resources person. Then offer was withdrawn, with an "I'll get back to you regarding the position". Have voice mail messege regarding position, as well as phone records showing conversation setting up the "offer", well the decision for me to come in to get drug tested to begin hiring process. Was it legal for employer to ask what the disability was? and once disclosed, their "withdrawal" of the offer of employment is also illegal...right? I went into meeting expecting to get paperwork to take drug test, as the "best qualified for the position", but once I disclosed the health status...then I was not.
Do I have a case?
 


Beth3

Senior Member
Was it legal for employer to ask what the disability was? Yes, it's legal (although usually foolish) to ask such questions after a job offer has been made.

and once disclosed, their "withdrawal" of the offer of employment is also illegal...right? If they withdrew the offer because of your HIV status, yes.

Do I have a case? It sure looks like it.
 

antlaw

Member
well...I am happy to say that the employer has settled with me for an "undisclosed" amount... so it would appear this is a victory 4 the little guy. Thanx 4 the assist Beth...
 

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