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Can Transportation Security Administration authority not…

Customer Question
Can Transportation Security Administration...

Can Transportation Security Administration authority not hire me because I am getting counseling for being sexually hrassed and
Discriminated on my last job and ultimately fired and have gotten sporatic counseling. I am on no medication and not diagnosed with major medical condition?

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

I did on my last job. They ignored complaints and disciplined me for complaining and denied me FMLA. Harasser underreported my time lied about me and was sole accuser in my termination. Had been employee for almost 18years. Prevented me from getting pension also.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

It is at will state. I belong to Union. I did file with Federal EEOC ,5months before terminated.

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

Yes. I applied for a job. I'm awaiting letter of them turning me down for consideration. For medical reasons they say but I have no major medical issues. Job is security and I have 18 years security experience. They had issue with me needing counseling for being fired due to my harassment complaints and I suffered great financial loss and bullying.

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 hours by:
5/26/2018
Employment Lawyer: socrateaser, Lawyer replied 2 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,152
Experience: Retired
Verified

Good morning.

Under the Americans with Disability Act, an prospective employer may not refuse to hire a job applicant on the basis of a physical or mental disability which affects a major life function, unless the refusal is "job-related and consistent with business necessity."

Your facts suggest that you may have a mental health disability which affects a major life function and which may persist for a long period of time. However, your disability has nothing to do with a TSA job description. Consequently, the TSA cannot use your prior activities to deny you employment.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 2 months ago
Please opt out. Thanks.
Employment Lawyer: socrateaser, Lawyer replied 2 months ago

Dear friend:

I've made a good faith effort to answer your question. In exchange, I would appreciate an explanation as to why you want me to opt out.

Thanks for using Justanswer!

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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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