medical discrimination?

[breakin_k]

K. from Nebraska

i had an interview with a company and they asked if I would be needing any upcoming time off....to my stupidity, I admitted that I might need two days off to get an insulin pump (thus admitting that i was diabetic). The interviewer asked me a couple questions regarding my diabetes - I answered and we moved on. a couple weeks later i get my rejection letter and went to my former place of employment to re-apply and tell my friends there that i didn't get the job. the receptionist at the company tells me that she received a phone call from the interviewer, who just started asking all kinds of questions about my diabetes - whether i've missed a lot of work or had any problems, etc...and she told the receptionist the reason they were asking is because they had a diabetic who worked there before and ended up getting pregnant - as a result she had to adjust medications and ended up missing a lot of work and they fired her, so they wanted to make sure the same issues wouldn't happen with me......do i have any grounds here to pursue something, or is it my own fault for originally admitting my illness in the first place?

 

[cbg]

An employer is not permitted to ask you about any illnesses or disabilities. But they ARE permitted to inquire further if you yourself bring the subject up.

That being said, the employer is walking a very fine line on legality by asking medical questions in your reference check.

What proof do you have that "but for" this admission of yours, you would DEFINITELY have gotten the job?

 

[breakin_k]

thanks for your response....unfortunately i don't have any proof, but i just feel violated for them going behind my back and asking the first person who answered the phone about my diabetes. I guess the receptionist got in trouble by the HR department and manager for giving away information instead of directing the call to the HR department. I thought the EEOC declared that you can't even inquire about someone's medical position regardless of what they tell you - like they were only allowed to ask if it permitted you from performing the job duties or if you need special accommodations...
Actually that was the second time I applied for the job...the first time I applied because I knew my other job was nearing it's end (it was temporary). But when they told me the pay I'd receive, I decided to wait a while....they called me back to see if I could come in again so I'm fairly sure I would've gotten the job. But I guess they could've just been hostile since I didn't pursue the job any further the first time. I guess I'm just bitter because I'm sick of people judging me based on other (and more extreme) diabetic situations. Actually this former employer told me I couldn't get insurance with them because they didn't have the money to cover me....so this wasn't the first time stuff like that has happened. thanks for listening

 

[Beth3]

"I guess the receptionist got in trouble by the HR department and manager for giving away information instead of directing the call to the HR department" I'll bet she did. I would have fired her ass. I'll also bet she's a world-class gossip.

The question of course is whether they discriminated against you because of your diabetes. We just can't know that here. Employers are certainly free to inquire about the past attendance of their candidates when doing reference checks. It would have been much wisher for them had they not done so in the frame of reference of your condition but on the other hand, you don't know if the big-mouthed receptionst isn't exaggerating either so as to exaggerate her self-importance.

If you believe a violation of the ADA occured, you certainly may file a complaint of prohibited discrimination with the EEOC.