Historicalaccident
02-09-2007, 01:45 PM
here is my story, I need to know what my rights are and what I can do.
in 2002 I took a part time job at a large company that requires a physical as part of the qualification process. I passed and was qualified. I obtained more education for that position while there and am now fully qualified and more for that position. in the spring of 2005 I took a job with another company, but it wasnt for me so I came back to the original company in a different position though fulltime. The original position I wanted was promised to me as soon as there would be another opening in that area.
Sure enough after a year there was and I was to go for a new physical. Since my original physical I had lost 35lbs, lowered my colest. and was more healthy than I had been at the start. The rules had changed and I was told now I was 12 lbs over my max weight and based soley on that I was denied the job. the catch is that a male employee with the same firm who had been there also part time since 2003 was allowed to stay though he was more than 100lbs over his max weight. He credentials are not nearly what mine are, as I am more educated and have more experience, as well as seniority.
Another opening is available. My personal physician stated I was healthy for work, however, the company doctor did not clear me based only on my weight. He did, however, clear the male employee that is 100lbs over his max weight. (I was told it was too bad the rules had changed, by this doctor and that I'd only gain weight anyhow.) All else is healthy and acceptable by the medical standards set for the job.
This doctor's determination on my physical has kept me from another job like this with another firm that also requires a physical. I talked to the department head and he said he wanted me to work in his area, however, he could not understand why the male employee had been cleared at his weight and I had not. Especally since I was almost 40lbs less than my original "passing" weight before the standard changed.
What, if anything, can I do about this?
in 2002 I took a part time job at a large company that requires a physical as part of the qualification process. I passed and was qualified. I obtained more education for that position while there and am now fully qualified and more for that position. in the spring of 2005 I took a job with another company, but it wasnt for me so I came back to the original company in a different position though fulltime. The original position I wanted was promised to me as soon as there would be another opening in that area.
Sure enough after a year there was and I was to go for a new physical. Since my original physical I had lost 35lbs, lowered my colest. and was more healthy than I had been at the start. The rules had changed and I was told now I was 12 lbs over my max weight and based soley on that I was denied the job. the catch is that a male employee with the same firm who had been there also part time since 2003 was allowed to stay though he was more than 100lbs over his max weight. He credentials are not nearly what mine are, as I am more educated and have more experience, as well as seniority.
Another opening is available. My personal physician stated I was healthy for work, however, the company doctor did not clear me based only on my weight. He did, however, clear the male employee that is 100lbs over his max weight. (I was told it was too bad the rules had changed, by this doctor and that I'd only gain weight anyhow.) All else is healthy and acceptable by the medical standards set for the job.
This doctor's determination on my physical has kept me from another job like this with another firm that also requires a physical. I talked to the department head and he said he wanted me to work in his area, however, he could not understand why the male employee had been cleared at his weight and I had not. Especally since I was almost 40lbs less than my original "passing" weight before the standard changed.
What, if anything, can I do about this?