Is this a disablity discrimnation case?

I was just wondering if anyone could enlighten me and elaborate on a situation that I’m experiencing. The situation is I was working about a year ago and encountered an off the job illness, which I was having trouble breathing and it was hard for me to walk and do normal things because I would lose my breath quickly. (I WAS TO FAT AND THE WEIGHT WAS MAKING IT HARD FOR ME TO BREATH) ( Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment). A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, breathing, hearing, or learning). I was then terminated from the company for being a liability. About a month ago the individual that fired me went to work for another company, well I contacted him thru cell phone (which this is clearly before he has extended a job offer) and we discussed amongst each other about a job opportunity, in the mist of the conversation he asked questions about my prior health condition I explained that I was fine and things were better. He then told me he would contact me at a later time. Well while waiting for him to call me back he approached my stepson who works under him and asked him about my health condition. (The law places strict limits on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). The individual then called me back asked me about my health condition again and asked if I could be able to work, I told him that I was better and that everything was fine. He then told me to go apply and he will send a recommendation over. I went to the office put in an application was given a u.a. and physical and I gained employment from this company. I then called him and told him I needed to take a refresher for my msha certification, he told me that he would call me to attend the next class. A week went by and I called him again and he told me there was no class. Well my step son needed to take his refresher again so they had a class set up the whole time he lied to me, I called him and told him I know about the class so can I go, he told me he would call me back which he never did. I then went to the office and told them I needed that class and they put me in it. Well the same night he called my step son and told him that what was I doing at the class and why did he tell me about the class? So I get my training done and I call him and he tells me there is no work, it has been a month since I got hired and have not been to work one time. He tells my step son that he is scared to work me because he thinks I’m going to get sick on him. And he told me that he’s scared I will become a liability to the company. I have lost my unemployment benefits because I have a job even though I have not worked one day Is this company doing anything illegal here? I’m in Texas

1 answer  |  asked Sep 7, 2012 5:39 PM [EST]  |  applies to Texas

Answers (1)

Chris MIltenberger
To claim discrimination your weight must qualify as a disability under the ADA.

This will depend on how much overweight you are and what you are prohibited from doing.

Are you qualified for the job and can you meet all the job requirements?

posted by Chris MIltenberger  |  Sep 26, 2012 09:36 AM [EST]

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