Is it illegal to discriminate on the basis of a medical condition?
Employment Discrimination on the Basis of a Medical Condition. It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments.
Can you apply for a medical waiver if disqualified?
If disqualified, it is possible to apply for a waiver, but it is generally the recruiter’s decision. Yet recruiters are neither medical professionals nor are they empowered to evaluate an applicant holistically, weighing their talents and background against their medical condition.
When was the last time I was medically disqualified from the military?
Similar trends exist between 2010 and 2015 (the last year for which AMSARA data is available) and across the Reserve and National Guard components. In my case, I was medically rejected pre-physical and not allowed to apply for a waiver during my rejections from the Army, the Navy, and the Army National Guard.
Can a employer retaliate against a medical complaint?
Employers can ask for a certification of medical needs and seek a second opinion to corroborate the employee’s need for leave. Employers may not retaliate against an employee for filing a charge of discrimination or opposing discrimination.
Employment Discrimination on the Basis of a Medical Condition. It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions. These decisions include hiring, firing, promoting, demoting, training and job assignments.
Is there a federal law against disability discrimination?
While the federal anti-discrimination laws don’t require an employer to accommodate an employee because he or she must care for a family member with a disability, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call: 1-866-487-9243.
When does discrimination occur due to a disability?
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability.
Employers can ask for a certification of medical needs and seek a second opinion to corroborate the employee’s need for leave. Employers may not retaliate against an employee for filing a charge of discrimination or opposing discrimination.