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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19675
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Corps veteran who was injured in Iraq 7 years ago. I ended

Customer Question

Hi I am Marine corps veteran who was injured in Iraq 7 years ago. I ended up having neck and back surgery. I applied to department of sanitation New York City. I was just notified that because "Our current medical standards preclude acceptance of candidates from cervical fusion and we must maintain our disqualification". Not to mention I gave clearance letters etc.. can something like this be fought with the ADA. ( America disability act)
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.


Thank you for the information and your question. Normally, an employer may not have a hard fast restriction on employment because of a particular disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.
For example, if reasonably related and essential to the job, the employer can have the applicant perform a physical test before a condition job offer. Otherwise, before a conditional job offer is made, there can be no requirement to pass a medical test.

So, yes, just based on the limited information that you have provided, you may very well have a claim of discrimination under the ADA. If you have not filed a complaint with the City EEO for this, you might do so. If you have already tried the City EEO office to try to resolve this, then you can file a complaint with the State. You can find out how to do that by going to the following link:

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you and thank you for your service.

Customer: replied 2 months ago.
I also submitted a letter saying I am no longer on meds as well. My concern is the neck surgery
Expert:  Marsha411JD replied 2 months ago.

Do you have a follow up question from the information I provided to you? I can't give you a legal opinion about your employment, or chance for success, at a claim because I don't have all of the facts and I am not your attorney (and cannot be because of Site rules and Bar rules). So, I can only discuss the law as it relates to your question and your options. But, with that in mind, willing to answer any clarification questions you might have.

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 19th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good and cannot provide legal advice or opinions as we have not formed an attorney-client relationship. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.

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