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Patrick, Esq.
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Category: Employment Law
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I had a stroke and an aneurysm that was Warfarin induced.

Customer Question

I had a stroke and an aneurysm that was Warfarin induced. First was 9/11/2014 and the aneurysm was on 10/31/2014. I had an MI 4/01/2015 that was corrected with a stent. I was denied my MEC card by a doctor with Concentra after I was cleared by PENNDOT and another doctor less then 1 month before I was denied and fired for failing to obtain my Medical Examiners Card. I have since been cleared by 2 other DOT Registered Physicians for employment. Stericycle hired me 9/2/2915 and released me about a week ago because Concentra, who they contract with, would not clear me. The doctor kept adding on to forms and paperwork he required and once they were provided he just added on to the list of "needed" forms to clear me. The letter from PENNDOT that states I meet their medical requirements to drive and retain my CDL he threw out and claimed did not apply to him. He also claims my aneurysm makes me a risk for seizures which the other DOT Physicians said js not the case due to where my stroke and aneurysm occured.
Concentra and Stericycle have not responded to any emails or requests for an independent DOT Registered Physician to review the records and give a second opinion, and Stericycle refused to let me explore other employment options within the company.
Do I have a basis for a suit? And if so, who would I contact?
Thank You, *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The ADA requires employers to "reasonably accommodate" employees suffering from disabilities. However, the ADA does not require employers to employ individuals who cannot safely perform their job. Whether an employee can safely perform their job is a determination that requires employers to consider all relevant facts in good faith.

Refusing to consider you for another position within the company may very well constitute a failure to "reasonably accommodate" your disability. Refusing to consider the opinion of another doctor may constitute a failure to consider in good faith all relevant facts regarding your ability to safely perform the job you were hired for. These potential violations can be pursued by filing a complaint with the EEOC, which is the federal agency that enforces the ADA.

The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney. See here to initiate the complaint process.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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