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Is this considered discriminatory..?
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Is this considered discriminatory..?
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Hi, First, I apologize if this is the wrong place to ask this question. Let me explain my situation a little. I have been in the process of getting a job with the government. I am currently o
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Is this considered discriminatory..?

posted at 5/15/2009 6:25 PM EDT
Posts: 1
First: 5/15/2009
Last: 5/15/2009
Hi,

First, I apologize if this is the wrong place to ask this question.

Let me explain my situation a little.

I have been in the process of getting a job with the government. I am currently on medication for anxiety and depression. I have been on this medication for about 8 years. I had to meet with a psychologist for the position, and take a psych evaluation. I talked with the psychologist for about 5 minutes and he was giving me strange looks when I explained my taking medicine.

Is it discriminatory for them not to give me the job because I take medicine? The medicine doesn't hinder my job performance, it only makes me more relaxed, less anxious, etc...

Please enlighten me.

Thank you

Is this considered discriminatory..?

posted at 5/16/2009 4:57 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
It would not be permitted in the hiring process in the private sector but in the public sector it may depend on many factors.

What government agency is it and what is the role?

Is this considered discriminatory..?

posted at 5/16/2009 5:35 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
Regardless of private or public sector, the issue is whether the basis for denying employment is job-related and consistent with business necessity--assuming the described impairment rises to the level of a disability under the ADA or Rehab Act. As an aside, the issue of reasonable accommodation would also need to be considered.

So in answer to your question, it all depends on the job requirements.

I trust this is helpful.

Dave Arnold, Ph.D., J.D.

Is this considered discriminatory..?

posted at 5/16/2009 7:38 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Other than the fact that they asked you these questions what proof do you have that this information was used in a decision to disqualify you?

I am not trying to create an issue for you but simply why do you believe you were discriminated against? Did this psychological exam have to do with some type of stress determination based upon the job? What type of job is it for. The requirement could be very legitimate. Things do not always rise to the level of discrimination so please think through the events and what you were told carefully.

Forums » Topic Forums » Legal Forum » Is this considered discriminatory..?

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