Employment Law Questions? Ask an Employment Lawyer.
Was this a new job you were applying for?
Did the employer pay for the physical exam?
An employer has authority to hire a physician for a pre-employment screening, if the exam is "job related and consistent with business necessity" (legal magic words). However, if the physician intentionally denied you employment based upon an incompetent or intentionally defective review of your medical condition, then that would be discrimination under the Americans with Disabilities Act (ADA). Which would give you a lawsuit.
The most cost effective means of dealing with your problem is to file a complaint with the Equal Employment Opportunity Commission (EEOC). Don't waste any time, because you only have 180 days from the date you were denied employment. EEOC can force release of the physician's notes and x-rays, and then compare them with your ortho's records. If there's a serious discrepancy, then the EEOC will probably force a settlement from the employer.
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You can also contact an employment rights attorney who may be willing to take your case on contingency (no pay unless you win). Here is a link to a reputable lawyer referral website.
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