Employment offer rescinded due to disability. Pre-Employment medical screening.

[m.r.1903]

[Warning: Wall O' Text]

Edit:
Location: NC

M/21 CAUC.

TLDR; Ironically had job offer rescinded at company that mainly hires visually impaired people, because of a orthopaedic disability. Already left previous employer based on promise of employment.


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I spent the last month on medical leave from my previous employer (Lenscrafters) due to having a couple bolts removed from my foot from a surgery from a few years ago to help with my naturally clubbed foot. I do have pain when running / walking /standing for extended periods of time so it definitely can be annoying, but I deal with it. A lot of co-workers have been going to work for our local Industries for the Blind in the optical lab. Decent pay, steady hours, advancement opportunities, etc.

Several days before I came back to work (Monday 8/4/14) I went directly to IFB to speak to the lab manager personally. We hit it off well, he gave me a brief tour of the facility, interviewed me, and tested me out. I did well and he liked that I had prior experience, but since I was not visually impaired he would have to get clearance from his boss and call me later that week. Flash forward to Thursday (8/7/14). I am back at work and recieve a phone call from the manager. He told me that he would like to offer me a position in the optical lab and I was estatic. I told him that I would probably have to give my current employer 2 weeks notice and so he gave me a tentative start date of Aug. 25th 2014. The other catch was that they only hired through a Temporary Resource company. Okay sounds good, I did my forklift certs. with this particular company.

Well I spoke with my manager shortly afterwards and since he had made the schedule for the next week prior to my return we agreed I would just work the next few days and I was free to leave.

The following Tuesday (8/12/14)I had an appointment with the staffing agency who was aware that I was being sent directly at the managers request.

**Important: The lady (K) I originally made the appt. with had to work in a different branch that day so I met with another woman. (K) is in charge of staffing for IFB.

Everything went great, filled out paperwork, aced my interviews..... and then I had a brief medical screening. I told them I had some issues standing / walking for extended periods of time, because a bad foot which I have had all my life. I never once complained at any job about my foot except with my previous employer prior to my surgery. I thought nothing of this because I was tested to be an inspector, who sit in office chairs all day. Even though I am more than capable of pulling my weight in any other position.

I spent the next hour taking my drug test since I had a little performance anxiety and a empty bladder (go figure). When I finished I waited around a few more minutes before another employee called me into her office. She notified me that the manager rescinded my job offer. My heart sunk in my chest and I was at a loss for words. I just quit my only source of income, couldn't go back, my phone is going to be cut off in a week, I have bills, and I lost a great position on a whim. What could I have possibly done wrong?

They closed for lunch and I left furious. I drove straight to IFB and spoke to the receptionist and asked to speak directly to the Boss of the Optical Manager. He was in a meeting. (Go figure.) I got his name and office phone # and decided to head back home and gather my thoughts with my fiancee.

I waited about an hour and called my TR rep. (K) and asked if she had any idea why the offer was rescinded. She straight up told me it was because of my medical review and my foot. (What-the-heck.jpeg) I explained to her that even though I do have a issue, I have spent my life overcoming it and I did not feel it would impact my work. I also notified her that I had a signed work release from my surgeon and I could give it to them to verify. She told me that she just wanted to make sure that everyone was the right fit for their jobs and that even though I could work now, she wanted to make sure I could walk at 65. I didn't realize my life decisions were hers too! She tells me in a follow up phone call that she is going to speak to the manager and work out anything she can, but doesn't want to place me in a job (that is already WAY WAY WAY less taxing than my previous job) that isn't suited for me. She also mentioned that I apparantly still had a slight limp when I came in and my interviewer took note after I answered their questions.

So, anyways there is my story. I was directly told that I lost my job offer because of my legitimate disability. Any ideas on how I should proceed here?

I do meet the requirements for the Americans with Disabilties Act. Also I am positive it had nothing to do with my interview because they told me I did fantastic and was eligible for hire, just that my "issue" didn't fit the job requirements of that job.... a job I have been doing previously without issue and much larger responsibility.

 

[commentator]

First of all, remember that who refused to hire you is the temporary agency, NOT the company whose manager spoke with you so positively. They send all their prospective full time permanent employees through the temporary agency, and while you are with the temporary agency, regardless of where your worksite is, you are not an employee of the company. Many employers funnel people through this route. It lets them try before buying in some ways. But if your contact at the new job (manager) doesn't want the temp to hire you, he may hide behind them. They do whatever they've been told to do by the employer, do not doubt this for one minute.

The situation you are in, where you've already left one job and have been un hired by the next one is remarkably common. The first thing I usually advise people in this situation to do is call up and check with the place they've just left, explain the situation (in a non-complaining non-whiny or non angry way) and ask if you can be rehired at your old job. If you were a good employee and they want to they can always take you back, though not perhaps at the same seniority level or whatever.

Then file for unemployment benefits, and explain the situation to them. Your last employer will be the place you gave notice to. You quit because you had certainty (in your eyes) that you were about to start another job. It may or may not work out for you, but while you are looking for something else, it never hurts to do try this.

I don't understand many things in your post. Is it possible you are a vocational rehab client? What is a TR representative (K)? If so, they will be the ones who can tell you about what the employer can and cannot legally do in regard to hiring someone with a disability.