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Reqired to be under a doctors care before being hired?

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jarhead0351

Junior Member
What is the name of your state? Pennsylvania
I was offered a position at a company which required a physical. I went for the physical and passed it. There was a questionairre to answer and feeling as though i should be honest I disclosed that I was bipolar. They will now not let me start working until I am under a doctors care. This is for a production position and me being bipolar has no affect on my ability to do the job. I just thought it was best to be honest on the questionnaire in case something came up in the future, they couldn't say well you never told us about it. Is it legal in Pa for a company to require you to be under a doctors care for a mental illness?
 


moburkes

Senior Member
What is the name of your state? Pennsylvania
I was offered a position at a company which required a physical. I went for the physical and passed it. There was a questionairre to answer and feeling as though i should be honest I disclosed that I was bipolar. They will now not let me start working until I am under a doctors care. This is for a production position and me being bipolar has no affect on my ability to do the job. I just thought it was best to be honest on the questionnaire in case something came up in the future, they couldn't say well you never told us about it. Is it legal in Pa for a company to require you to be under a doctors care for a mental illness?
Well, its legal for them not to hire you.
 

ecmst12

Senior Member
Untreated Bipolar disorder affects the ability to do ANY job, it can be a very debilitating illness. Perhaps it is not so in your case, but I understand why they are asking. I don't know if it's legal for them to do so, however. Having a disability IS a protected status; someone with more knowledge of the ADA will have to comment. I actually am pretty sure that it's NOT legal for them to refuse to hire you solely on the basis of your having this condition unless they believe it will prevent you from performing the essential duties of the job (even if reasonable accomodations are given), but I don't know whether the burden would be on you to prove that you can perform the duties or on them to prove you can't.
 
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fairisfair

Senior Member
OP are you sure that they are requiring you to be under a doctor's care, and not released to work, or some combination of the two(if necessary)?
 

cbg

I'm a Northern Girl
Whoa, everyone hold on here. It is a violation of the Americans with Disablilities Act to refuse to hire someone based on the fact that they are bi-polar.

Given that the poster volunteered this information they are entitled to follow up on whether or not she is able to do the job with or without an accomodation. But by requiring that she be under a doctor's care before she can be hired, they are walking a very, very fine line and could fall into illegality very easily.
 

jarhead0351

Junior Member
ok...here is a update. I moved back to Pa from Indiana....the company that wants me to work for them said they wanted my medical records from Indiana and had me sign a release of records, which I had no problem with. They got those about 2 weeks ago and said that it wasn't good enough and that I had to be seeing a doctor here. Well I went yesterday and saw a doctor, faxed over the info and he called me back this morning saying that I needed to have something stating that I was "cleared" or "stable" to start working. If it wasn't such a good company I would tell them to shove it. But I would like to know if I have any legal recourse. I am also a veteran and I don't know if this falls under the veterans with disabilities act. I have not been on medication for my bipolar in over a year as it has been under control and I am keeping it under control even though this guy is yanking me around.
 

Gadfly

Senior Member
Totally understand your issues, but I'm sure too that you can understand the employer's obligation to matain a safe and secure environment for all the employees.
 

ecmst12

Senior Member
Well you wouldn't have anything to have recourse FOR unless they decide not to hire you after making you jump through all these hoops. It doesn't sound TOO unreasonable that they want you to be cleared by your doctor to work.....but like CBG said, it is a very fine line. Have you had to take time off of work from this condition in the past? Even if you have, it seems like they might be overstepping what they're allowed to ask for. If you're really uncomfortable, you might want to consult with a local attorney familiar with the ADA; you can probably even be able to talk with one for free. There's actually a hotline you can call if you look on http://www.usdoj.gov/crt/ada/adahom1.htm (the ADA home page).
 

cbg

I'm a Northern Girl
I strongly recommend that you discuss this with the EEOC as well. I am about 99.9% convinced that they are violating the ADA.
 

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