Hiring discrimination because of meds!!

Discussion in 'General Health & Wellness' started by Matz, May 20, 2004.

  1. Matz

    Matz New Member

    Hi all, I'm new here, and have a secondary FMS with prob. MS. My fatique and pain has responded quite well to treatment with Prozac, Adderall and Klonopin. It's worked well enough for me to remain fully active as a paramedic in a large Metropolitan EMS. I recently decided I'd move away from the stress and politics of big city EMS, and go to work offshore on a drilling rig as a paramedic. Yeah Right! I went through the regular hiring process, testing etc. and am quite qualified due to working 911 for 12+ years. After the "conditional offer of employment" I went for my "physical" which was a limited medical exam with extensive questions regarding history and medications. Subsequently I was told that I passed everything and tht they are ready to hire me as soon as I am "off the Adderall and Klonopin" as they are considered "safety sensitive meds" by the Coast Guard. This I have found to totally untrue. My neurologist has drafted a letter stating that my condition nor medications pose no safety concerns, and have never been any issue with my career as a Paramedic. They didn't even want the letter.I am in the process of filing with the EEOC at present. Has anyone else experienced this type of discrimination, and how do you find an attorney to represent you in this situation?? Sorry so lengthy, any advice will help!! Thanx for having me here!! //Matt//
  2. joyfully

    joyfully New Member

    Welcome to the boards. I'm so sorry to hear about your experience.

    I haven't had your particular situation, but I urge you to think carefully before pursuing the litigation.

    Any legal process is long, expensive, and very stressful.
    In the meantime, it would affect your ability to do a good job of "job hunting". If you found another job and had to spend days in court---how would the new employer view this???

    Big companies have big lawyers and time on their hands. They will make your life miserable.

    What is your real objective here? Employment??? or a long drawn-out, very expensive, exasperating legal battle?

    So what have you learned from this life-experience?

    Things aren't fair---

    The laws may be on the books, but in reality---what chance does the "little guy" have against a corporation -----

    Never give your notice on one job until you have the "offer for employment" letter in your hand from the new
    job.
    .......................................................
    I'm going to play "devil's advocate" for a moment. Please understand, I don't think what happened is right or fair. However, please consider the concerns of the oil rig company.

    I'm sure you must do great on the medications that you listed, but please consider that the oil rig company is concerned about a law suit if some accident should happen and you were on shift at the time. Any one suing them would use you as a reason the oil rig company should be sued. They will pull up every known side effect of these drugs and say to the off shore drilling company, "you knew that your employee was taking these drugs, but you allowed him to be around moving equipment anyway."

    They would probably have their doctor testify that in his opinion, you are incapable of doing the work with your medical background. It would be your Dr. (that you would be paying to testify) against their Dr.

    My personal opinion is to drop it. You weren't employed by them, and then they let you go. I'm not a lawyer, speak to one. I'm concerned that the oil rig company is probably going to say that you are not physically capable of safely doing the work on your meds. I just see this as a big money pit.

    Sometimes life hits us with some very unfair blows. I think this is one of those times for you.

    Please focus on getting a job because this event could become all-consuming you if you let it.

    God, grant me the serentiy to accept the things I cannot change, courage to change the things I can; and wisdom to know the difference.
    [This Message was Edited on 05/21/2004]
  3. trivas

    trivas New Member

    Matt, its sad to hear this type of things still going on in our world. But you know, you can seek for legal advice. Go to any attorney practicing Civil Litigations and explain your issue. Let them know you have a small budget and if they can sponsor you "pro bono". Under the State Bar of California, every attorney is required to complete 50hours a year of pro bono "free representation". now we're just hoping they are willing to help. They can't turn you down due to financial status. Anyways, California Government Code 12940 states that it is unlawful for any employer/employee to refuse hire due to discrimination, race, medical condition and etc. I'm currently a law student so i'm aware of that. but yes, there is help. don't stress. wish u the best! ! !