Can an employer discriminate against one's medical issues?

Question

I know there are all types of discrimination. Does anyone have any knowledge whether one can be disciminated against for medical incapabilities? If so do certain psychological disorders count? If this is happens is there anything one can do about it, or is it a waste of time?

Answer 1

Not legally, but it happens. If you feel it's happening to you, talk to a lawyer.

Answer 2

One category included in the definition of discrimination set by Title VII of the US Code is physical handicap. Now, when you move to psychological problems, its diificult to answer without more details. what did the employer do? What sort of Psychological disorder are we talking about? I mean, some types of mental problems affect more than just the patient. There are conditions such as Manic Depressive Disorder, as well as Bi-Polar Disorder which can cause the patient to behave
in a very erratic sometimes violent manner which can be very upsetting and sometimes unsafe for those around. In such a case, the employer has a very difficult balancing to do in which he
balances the right of his employee versus the safety of the patrons of his business.
To prevail in a legal action under these facts, be prepared to
to the civil standard that the employer treated the patient in a
different manner than others, with the specific intent to harm or embarrass the patient in front of others. After all, the employer may just have been making a judgment call,and if there was an
overreaction, the courts provide a remedy for that.

Answer 3

I think it goes on a case by case basis. When President Bush (41) signed the Americans With Disabilities Act, I noticed that he was escorted out of the White House Rose Garden by six able-bodied bodyguards. I think it's ok for soccer teams not to hire people in wheelchairs. Someone with a history of paranoid schizophrenia could probably be discriminated from having a job that requires a handgun. The rationality of the discrimination depends on the disability.

Answer 4

Interesting question. An employer has the right and responsibility to protect other employees from a disruptive work environment. If another employee is not able to function due to psychological disorders or has the potential to create an unproductive, hostile, or dangerous work environment for other employees then the employer must act responsibly. Of course, each and every case would have to be treated individually with sensitivity.

Answer 5

Tricky one, I don't believe it would be classified as "discrimination" If you had a medical condition that prohibited you from performing your job correctly. Psychological disorders is even trickier, I mean, if you can prove harassment at the work place as a result of your condition, you might have a thin rope to walk on, But as longer as the employer can prove that you were only fired as a result of not being able to perform your job correctly, then he has all of his back doors covered. In My opinion this is a waste of time as far as pursuing any legal action goes...My advice would be to try the media, call the news station and explain your situation to an intern. that's your best bet. Hope this helps!

Answer 6

The Americans with Disabilities Act prevents most such abuse, but there are situations where an employer can legally discriminate, based on health and safety issues for example.

Answer 7

Even us persons in "help" roles could qualify in issue-unfastened wrestle skills, and serve in distant components that are in basic terms no longer appropriate for somebody with a tenuous situation like diabetes. in spite of MOS, relatively everyone seems to be a Soldier first. the protection rigidity shouldn't could undergo the laptop rules that well-known society does. there is too a lot at stake. i don't be attentive to what to assert with reference to the VA's scientific care of you.

Answer 8

it depends on whether your condition would directly impact your ability to work in the particular job you're considering.

for example, if you have an eating disorder and want to work at a hospital where you would be treating people with eating disorders, the hospital would be able to refuse to hire you for that job because it would possibly be detrimental to the patients they are working with. but if you have an eating disorder and want to work at a bookstore or something like that, then it cant' be held against you

Answer 9

I don't think it's legal, but I could be wrong. U.S. laws are so biased in favor of employers/companies and against workers that it wouldn't surprise me if there's some way they can weasel out of hiring someone, or at least weasel out of letting that person join any employer-sponsored health insurance plan.

I have heard of companies getting downright nasty about health insurance. Then again, the greedy insurance companies are charging employers a huge price to get group plans for their employees, so it isn't always 100% the fault of your employer. If your employer is being stingy with health care benefits, it may be because the insurance companies are gouging them.

Answer 10

I believe the Department of Health and Human Services can provide assistance. This is actually not too uncommmon and it is disgusting. There are probably legal consulting type groups for this kidn of stuff in your area.

Answer 11

If you would be unable to perform your duties, even with reasonable accommodations, I think they could refuse to hire you. This is not really discrimination as it is not unreasonable to expect that someone you hire would be able to perform the job they were hired for.