medical discrimination

[cuddlemebugg]

What is the name of your state? texas. what i need to know is can a company of and by itself make a medical determination as to my ability to perform my duties? i am a truck drive who has had a previous heart attack and stent emplacement. all my d.o.t. requirements are current and so are my cardiolgical tests. i am in the best health of my life and my company will not let me work please let me know where i stand best regards cuddle

 

[KYSassy]

I am not an attorney. However, I am currently in a similar situation. I have researched the ADA guidelines and have found the following within the definition of disability:

What is meant by "having a record of an impairment?"

"This aspect of the definition provides protection to persons who had a recognized disability is the past. It prevents employers from acting on unfounded fears that impairment will recur."

Example:

"Someone who has recovered from a heart condition cannot be treated differently because of concerns about this condition."

I do not know your particular situation, but you might want to contact the ADA. They can tell you if your situation is protected and how to proceed.

 

[swicket]

You say that you are truck driver. Do you have a CDL?

 

[cbg]

BTW, the ADA is a law, not an agency. You cannot contact the ADA. But you can contact the EEOC ABOUT the ADA.

 

[cuddlemebugg]

yes swicket, ihave been driving since 1972. my cdl has all endorsements. also i have in the neighborhood of 3.6 million miles. . my heart attack happened in 2000, and am as healthy as a horse. i appreciate your reply

 

[swicket]

Let me just assume that as a truck driver your condition for this position is to obtain/maintain your Commercial Drivers License (CDL). I am not an attorney. However from previous experience in this situation the authority/juisdiction for administering CDL's is 49 CFR. In accordance with that Code of Federal Regulation, any clinical diagnosis of myocardial infaction, angina pectoris, coronary insufficiency, thrombosis, or any other dyspnea, collapse, or congestive cardia failure is cause to revoke your CDL. Therefore your position.

In responce to Civil Rights violations. If you feel that your age, sex, etc. is the basis for the determination, you have a right to initiate a complaint.

However, ADA does not apply to obtaining/maintaining a CDL!!!

Been through this before.....

 

[HomeGuru]

ADA does not apply to horses.

 

[KYSassy]

I stand corrected. The ADA is not an agency. It is administered through the Dept. of Justice. Title I is handled by the EEOC.

Title I pertains to most employment.

For ADA publications and questions call: 800-514-0301.

If you call the above number, I think they will give you some useful infromation. They did that for me.

 

[cuddlemebugg]

swicket, maybe i did not make my self clear and i'm sorry. i am currently licensed and hold a cdl. it has not been revoked by any governmental agency. it is only my company that is trying to get me to resign by their "medical concerns" about my previous heart attack. In doing so they have not allowed me to work since feb. 19 of this year . i have lost approximatley $ 4,000.00 in wages. i really want to know if this is a legal corporate tactic. or just abuse of an employee. Thanks for all the advice everybody.

 

[tommy 522]

ada

ky sassy did you ever hire a good attourney in ky if so i need one please post his or her name and address please tom05 [email protected]

 

[cbg]

Well, actually, most employment law falls under Title VII, not Title I...

 

[KYSassy]

Once again I stand corrected...lol

 

[KYSassy]

Tommy...no I haven't needed to retain an attorney at this point.

I have filed a complaint with the EEOC. I am waiting to find out if it has been accepted. I am hoping that my situation can be remedied by the EEOC.

There are so many ins and outs to the legal system...guess that is why the lawyers make the big bucks... dang, I could have been a lawyer.

All joking aside, I really do think the EEOC could help you determine if your situation is a type of disability discrimination.

 

[cuddlemebugg]

ada

Just to let everybody know, I went to the EEOC and filed under the ADA. What was finally resolved as my problem is classified as a perceived disability. This is apearantly as illegal as if you were discrimnated against for a real disability. As of yet I have not returned to work, and every day this is loosing me money. But if I get a new job then the case is thrown out. Catch 22. Thanks everybody Bill

 

[KYSassy]

The EEOC has filed my charge. They want me to try mediation first. I do not know what my employer plans to do. I believe that if he refuses to mediate, he will be investigated in the regular manner.

No, I haven't retained an attorney. I am confident that mediation will be enough to bring my employer into compliance. However, if that isn't the case, I will retain an attorney if needed.

I am also having to appeal an unemployment denial. The referee hearing is set for 4/8/03 at 8 am. I feel confident that I will win simply because I received benefits in 2000 for the same situation.

I have the same permanent restrictions I had then. My employer has told three different stories about why I am not working. The EEOC is waiting to see what story he tells them.

Wish me luck!