Possible Disability Discrimination

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MiaS

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First of all, I am educated, I have a degree, and am also paralyzed.

I have been in the process of finding a job. I have been on lots of interviews, etc. This past Thursday, I had someone call from a hospital for an interview. We started to set one up for next week, and then she asked why I haven't worked for the last 2 years. I told her I am paralyzed and found out that I was pregnant, and it was recommended to stay home. She said well since you brought it up what level are you, and I told her, and she said so does that mean you will be working from a wheelchair. I said yes... Then she said I don't know if we can use you then in acute care, maybe if we needed someone in mental health it would be different. I am an Occupational Therapist Practitioner, and in the line of work I do, acute care is more hands on with patiends or more physical I should say. In a mental health setting it is me working with patients in a group, and not one on one so I can be independent in that setting.

I am capable of working in both settings independently, but she didn't even ask. AND what pushes my buttons is this woman is a therapist, and works with persons with disabilities. What the heck is she telling her patients??? We as therapists are supposed to be supportive and help overcome obstacles...


I know I am supposed to contact the EEOC first if I wanted to take any action. I guess what I wanted to know is...what happens when I do that? Would it be worth it? Is it even anything to contact the EEOC about? I would like to take this stand (or sit) for all people with disabilities. After all we are also human, and deserve the same rights as everybody else.
 
Consult with an attorney. Good Luck!
 
Are you capable of doing the job in acute care from a wheelchair? Would you need an accomodation of any kind?

If the answer to the both questions is yes, then depending on what kind of accomodation you would need and whether or not it would be "reasonable" (which is too situation specific for us to assess here) it might or might not be legal to refuse to hire you for the acute care job.

If the answer to the first question is yes and the answer to the second question is no, then I would agree that most likely disability discrimination took place.

If, however, the answer to the first question is no, then most likely the employer was legal in refusing to hire you.
 
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