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My husband was offered a position at but then had to take a…

Customer Question
My husband was offered...

My husband was offered a position at Phillips but then had to take a physical which they then rescinded there offer. He has been doing this same job for the past 5 years and is good st it. Is there any recourse he can take

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He can provide letters from current employer and his doctor that he's been doing this same job for 5 yrs

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
10/5/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,235
Experience: Significant experience in all areas of employment law.
Verified

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

What was found in the physical that caused his offer to be rescinded? Can he perform all essential functions of the job that was offered to him? I very much look forward to helping you on this matter.

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Customer reply replied 8 months ago
he's been doing this job 5 years now same job
Customer reply replied 8 months ago
He cannot bend his knee to squat
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you. If he has been doing the job for five years then can you explain what you mean when you say that he was "offered a position"?

Also, is he physically able to perform all the essential job functions?

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Customer reply replied 8 months ago
He was offered the position salary was offered also . But all employees have to take physical. Swatting is not on the job description and I would think he can do this no. Since I've said 3 times now it's the same job he had been doing for the past 5 years under a different company
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

I think we are having trouble communicating so I will opt out in favor of other attorneys. My apologies for any inconvenience, someone else should be with you shortly. Please do not respond to this message in the mean time, as doing so will take your question off the active question list and delay a response to you.

Best,

Patrick

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Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,306
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your reply, I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

If your husband is being discriminated against now based on his disability, which is a legal disability under the Americans with Disabilities Act and bending is NOT a bona fide job qualification requirement, then your husband immediately needs to file a complaint with the EEOC. The EEOC has to investigate the claim and then give him a right to sue for discrimination under the ADA.

They cannot exclude him based on not being able to bend when the job does not require he do so, meaning there is no bona fide job qualification, and as such the exclusion would violate the ADA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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