I recently applied for a Federal Air Marshall Position and took a computer based examon Jan 12 2010. On Jan 20 2010 I recieved a email from their HR stating that i passed and can move foward to the interview/physical assesment. On Jan 23 I notified them I had a medical procedure done on my shoulder and I will be able to take the physical assement and wanted to know what steps should i take? It was told that my test results are valid for a year and they will foward it to upper managment. Today i recieved a phone call from Management indicated i can apply later and my test results are good for a year. He ask why I can do the physical i explained I had a medical procedure done to my shoulder, and stated " OooK". Five mins later he called again al recorded via cell phone stated I didnt pass the exam we went back and fourth then I stopped him and said wouuld he like me to foward him the email, and imediatly he was shocked I had a email when he recieved it he had nothing to say, and might have been a error. I responded to him as soon as I conveyed that that I had a disabilty all the sudden I did not pass and when I fowarded the email you say its a error! No response he stated he will call me back. My question do I have any legal ground to stand on?
1 Answer from Attorneys
There is a possibility that you have a failure to hire under a perceived disability that is protected under the ADA.