Legal Question in Employment Law in California

I applied to Transportation Security Administration, for a position as a Transportation Security Officer. I completed all of the initial testing and assessments. I passed the interview. The last part of the process was a medical exam, conducted by a contract doctor for the TSA.

After passing the required medical, I received a letter from TSA saying I was on "medical hold" for further evaluation. This hold was based on allergies, exzema, and thyroid medication.

The TSA required that I submit one years of medical records, diagnostics, and all doctor notes and evaluations from my physician for these conditions.

My doctor signed all required paperwork, and approved me in his evaluation to do the job.

I signed a release of medical records, at my doctors office, received all records, and sent the records to Comprehensive Health Services, supposedly a separate business, from the TSA.

I am now being asked, by CHS, for ADDITIONAL diagnostics and records for medical conditions that I have NEVER been diagnosed by any doctor that has ever treated me.

I am being told, by CHS, that I have a cardiac condition, which has never been in my medical history. Additional information is also requested regarding osteoarthritis. My doctor said that this would not interfere with employment in any way.

I was also asked , by CHS, why I told my doctor I was "fatigued" at my annual exam, when I was explaining to my physician how I felt after my husband's death.

1. I am wondering how an applicant knows if a doctor is reviewing the reports. All I have spoken to at CHS, are only nurses, and I am not sure if these are even Registered Nurses. Can nurses determine a diagnosis for employment purposes?

2. IF I am disqualified for a medical condition, determined by CHS, (not my doctor, or another consulting doctor) what recourse do I have, if any?

3. If I have a medical condition that is not severe, and does not interfere with the stated job requirements, what recourse do I have if I am not hired?

4. My Records- I am concerned about the release to a third party (?) agency, since NO WHERE does the release I signed state how the records will be stored or used, after the records are reviewed by CHS.

I previously worked as a TSA in 2006, but resigned to care for my husband, who later died.

I have been searching on the internet, and have read several posts from other people who have been disqualified by CHS, but passed the required medical exam required by the TSA. I have seen many other comments that this is a way to discriminate against applicants, but still stay within the laws.

Does anyone have any idea about a job applicant who passes the exams, but is still disqualified for the job for medical reasons by a third party?

I am an older worker, and wonder if this is another way to not hire someone.

Thank you,

Marie

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?