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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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I have received an offer from a company. This is for a

Customer Question

I have received an offer from a company. This is for a computer engineer position (sitting at the desk). I also had a kidney transplant several years ago and require to take strong antirejection medications. SSA automaticly puts someone with kidney transplant on social security disability - -thus I am officialy disabled according to SSA, but of course SSA encourages people to go and seek work if they can and this is what I have done. Thus my question is as follows -- as I need to undergo a physical examination prior to employment - -can a company deny my employment because I am a kidney transplant recepient and need to be on strong medciations? CAn they deny me a job becasue I am disabled according to Socila Security. Do I even need to disclose to them that I am on Social Security disability? CAn the company request notes from my current and prior physicians or it is protected by HIPPA? I live in CA.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 11 months ago.

No, now that they have offered you the job and if they were to withdraw their offer due to your medical condition you would have strong grounds to sue.

Customer: replied 11 months ago.
but then what the pre-employment physical exam is for? Also the company cannot ask for the physical PRIOR to giving you an offer.
Expert:  Asad Rahman replied 11 months ago.

No, they do not usually do a drug test prior to offering. They want to be sure you do not use illegal drugs. If your medications come up on the test, you should be able to provide proof of your prescription or doctor's order for such medication.

Customer: replied 11 months ago.
I am not talking about drug test. I am talking about physical exam.
Customer: replied 11 months ago.
I am talking about post offer exam.
Expert:  Asad Rahman replied 11 months ago.

My answer still applies. As long as on the application you did not mark that you had no disability that would require accommodations.

Customer: replied 11 months ago.
I am not following. Please opt out.
Expert:  Maverick replied 10 months ago.

Welcome to Just Answer! My name is Maverick. Please let me know if you still need help with this.

Customer: replied 10 months ago.
Customer: replied 10 months ago.
if you are not planning to answer please opt out -- so someone else can answer -- as the response is still assigned to you -- and you failed to do anything for two weeks