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Job Offer Rescinded After Request For Accommodation


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#1 magpie

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Posted 27 September 2012 - 12:20 AM

So I was offer and then started my dream job. I did not tell them about my sleep disorder until I received the offer letter and went for my pre-employment physical. During the physical (which all employees have) I told the nurse practitioner that I had a sleep disorder and asked for information about applying for accommodations. She gave me a generic 'return to work form' that asked if the person could return to work with or without restrictions. I had my doctor fill it out but because he put that I needed a later start time they are now saying that I was not medically cleared to be hired. (I now know to always have my own accommodation letter written and to leave it very vague). Because of the way my position is currently structured they would not be able to grant me a later start time, which I understand, but even though I have been arriving at the earlier time the past few days they are saying they couldn't/can't hire me.

At first the nurse in occupational health that I spoke to today, along with the HR rep, said that I just needed to have my doctor send a letter stating that I was able to work without restrictions, but she left the room for a few minutes and when she returned stated that because she had a form from my doctor stating that I medically needed a later start time that she wouldn't be able to clear me.

I called a consultant at JAN who was helpful but does anyone have any other advice? In my mind I am being penalized because i requested accommodations, and I have some proof to show that's what my intent was, but I'm not sure if it looks like that to an outside ovserver.

Thanks

#2 DeathRabbit

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Posted 27 September 2012 - 01:47 PM

That's really crappy. Sorry that happened. Are you wanting to know if you have a case for discrimination? I think it's kind of nebulous. I believe if the employer can prove that hiring a person with a given disability would have a negative impact on their business, they are in the clear. I don't see how they could make that argument in this case, but a good enough lawyer could do anything. It probably depends on the state, as well. Here in Alabama, I've given to understand they can not hire you or fire you simply because they don't like your face. Good luck.

#3 magpie

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Posted 28 September 2012 - 11:17 AM

Ideally this could just be resolved quickly and I can rejoin the program. HR knows that they messed up, and the HR person who spoke with me the other day, and was someone I'd met with before pre-hire, was visibly upset about the situation as well. I think that what needs to happen is that HR needs to communicate with Occupational Health (who did not have full understanding of the ADA laws) that we need an administrative fix to resolve this problem. If anyone else as any info suggestions I'd love to hear it. Some lessons I've learned that I would like to share with you all though are:

1. Always have a letter for accommodations that you or your physician writes
2. Always be as broad as possible when requesting accommodations. Wait until the employer asks for specifics
3. Document everything

#4 kendajs

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Posted 17 June 2013 - 09:42 PM

If I remember correctly, once you have been given the job, it is illegal for them to fire you for requesting accommodations(you would have to read through the ADA for specifics). However, they do not have to grant you specifically what you ask for, just 'reasonable accommodation.' This could mean that instead of offering a later start time, they allow you to take a nap during your shift or something similar. If you were officially hired, it is illegal for them to take back the offer for requesting accommodations. Often, if you remind your employer of this and offer to show them the ADA, they straighten things out pretty quickly. 

I had trouble with one of my managers and after getting written up for being tardy (more than 3 minutes late, 3 times or more) I submitted a written request for accommodation and a copy of my sleep study. My manager asked who had told me about the ADA and I stated both my MD and the narcolepsy network. He did not seem too happy about this and I didn't hear anything for a couple of months. Of course, my immediate boss said there wouldn't be any future problems and that he wouldn't let me get written up again, however I wanted it in writing at this point. My immediate supervisor didn't push the manager to do anything, so, when our regional manager visited the store, I mentioned that I would like an accommodation. He said that that wouldn't be a problem (obviously more educated about the disabilities act!). He stated that he would need a written request and some sort of proof of narcolepsy since this would be an exception and to prove that there was a reason for handling things differently with me (essentially a reason NOT to write me up). I explained that he could find all of this with my manager, submitted several months ago. He got very quite and simply told me he would take care of things. I haven't had any issues since! Of course, this was all after I had been hired though.



#5 exanimo

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Posted 18 June 2013 - 06:11 AM

I am sorry to hear that!!

The only thing I would add to your list would be that if there is an HR department, you contact them and them only. From what I've read, your supervisor on,y needs to know what accommodations are being made - they do not need to know why or for what. HR and anyone who sees your paperwork regarding health is bound by HIPPA laws and are not allowed to disclose any information other than the accommodations.