I was denied a job because I have a Dr's appointment once a month. Can an employer do that?

I received a job offer and excepted the job offer over the phone. I notified employer that I have a Dr's appointment once a month. I would be gone for two hours. I was called back and denied the job.

1 answer  |  asked Sep 29, 2016 11:09 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
It depends. You would not be eligible for FMLA intermittent leave because you have to work for the company for 12 months to be eligible. It's possible it could be a violation of the Americans With Disabilities Act (the ADA) if you have a disability or the prospective employer perceived you to have a disability.

Assuming you do have a disability, whether the employer would be required to accommodate your doctor's appointments depends on whether such accommodation would cause an undue hardship to the company. Also, the applicability of the ADA depends on whether the company has 15 or more employees. There are, however, local ordinances in most areas that prohibit discrimination based on disability if the company employs at least 5 people.

You can file charges with the EEOC, or you can hire an attorney to send a letter to the company demanding that they hire you.

posted by Phyllis Towzey  |  Sep 29, 2016 3:15 PM [EST]

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