Legal Question in Disability Law in Pennsylvania

I am a registered nurse. I applied for a job. once they found out that i had an implanted pain pump, the person began calling me all types of names, accusing me of not able to perform my job properly, despite the fact that I had a MD note stating i could. this person began saying, "I cant have a nurse providing care with morephine or whatever going right into her spinalcord!" needless too say he defamated my character and never gave me the job. Is this legal?

Asked on 12/08/09, 10:18 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

It is not legal to discriminate on the basis of a handicap/disability, or the perception thereof. If you are "able to perform the essential functions of the job" with, or without, accomodation, then you are qualified. To not hire you for that reason is likely unlawful discrimination. Do you have any witnesses to the statements made? You could file a complaint with the PHRC or EEOC. Feel free to email me if you like.

On the defamation question (it's a different question) to whom did he defame your character?(Saying it to you alone is not defamation, he would have had to say it to someone else).

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Answered on 12/14/09, 8:22 am

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