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Kicked out of School for known allergey after 26,000 in tuition

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B_Hatz

Junior Member
What is the name of your state (only U.S. law)? Kentucky

Recently my wife was taking a course at a drive through school in Kentucky. This school offers job training and employment assistance. She told them she was allergic to latex, and asked if it would be a problem for her to be in the operating room. They asked how she knew she was allergic, so she told them that she has had severe reactions to latex condom as well as dentist visits when she was a teen. Their reply was basically "Nope, no problem, but we need it documented by an allergy test.

Being in the military, there was no cost to us so sure why not right? The results came back and sure enough she is highly allergic. After taking the results back to the school along a full physical exam, they signed her up and started arranging financing. My wife asked again if she was going to be able to preform her duties after she completed the classroom instruction, the school said she would be fine.

She over came some serious adversities while attending this school. Dealing with a 85 mile round trip 4 days a week.

Overcoming her dyslexia was an achievement, not facilitated by the school.

So upon starting her "clinical" she started experiencing breathing problems and fatigue. We thought it might just be the sudden change in her daily physical regimen. She consulted a doctor and it was determined she needed her tonsils taken out, which meant time off school.

So she did. She had surgery and didn't complete the program.

After her recovery time she returned to the school, started at the beginning of her "clinical" period and was going to soldier on.

Until she began having breathing problems again. That is when she was dismissed from the clinical site (a Hospital not owned or operated by the school).

So now the school says; 1) they can't place her at any other Hospitals 2) she will not be refunded any of the 26,000 dollars in school loans she has incurred 3) her only option is to complete another program that doesn't include a field that uses latex. Which by the way means that she will be in a field that on average makes $6 an hour less than the one she did all of this training for.

The credits won't transfer to another school, we can't afford the child care cost for her to continue doing anything without bringing home an income.

SO THE QUESTION IS, is this just one more thing for me to be upset about, or can I sue the school for a full refund.What is the name of your state (only U.S. law)?
 
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ariastar

Member
I'm not seeing where the school is in any fault here. She asked if she could be in the OR, they said yes. Risks were hers.

She had tonsils removed, time off on her end. That's irrelevant.

She was trying to go into a profession that uses a lot of latex. That'd be like me deciding to be a beekeeper with a severe allergy to bees, then being mad when I'm told I'd be better off choosing a profession that doesn't deal a lot with my allergy.

She made the decision to try the medical profession apparently knowing there's a lot of latex. Unless she expects the entire medical industry to stop using latex, what else are they supposed to tell her?

It was a risk she took.
 

B_Hatz

Junior Member
What?

ARIA you wanted to know if you could keep your 20 dollar BBQ grill or not? Your opinion is not being sought out here. Some one with experience in legal precedence is what I am looking for. Not some hypocritical, bored twit with two cents. Stay clear of me and save your breath, the air gets pretty thin in Colorado for newbies.:p
 

Ozark_Sophist

Senior Member
The question becomes if it would be a reasonable accommodation to work in a setting without latex. Then her issue becomes a matter that could potentially fall under the ADA. I do not know enought about latex accommodations to be able to say if she does or not. A simple google search seems to indicate it will not be an ADA issue for your wife

A person with a severe latex allergy will have issues in a medical environment because the allergen becomes airborne with use. Had your wife done due diligence prior to starting her education, besides asking the school (who want her $), she would have seen this would be an issue. Latex can even be transmitted through HVAC systems.
 

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