i live in ohio and i have been training for a job as a driving instructor. when i went and got my physical (state required physical, not company), the doctor put that it would not effect my ability to perform my daily duties. it has no adverse effect on me either. however, my employer is denying me employment as a result of taking the anti-depressant drug. keep in mind my doctor said it would not keep me from doing any of my duties. is this legal or do i have a law suit. thanks so much in advance. have a good day.
Answer:
I am a retired driving instructor 25 years Young Drivers Of canada. My employer and province aware of my use of prescribed anti depresants. Also i have have sleep apnea. I was not allowed to work or drive for 2 hours each day. This meant a longer work day..I am now retired. I dont feel safe now. So Gave up my licence. Did your employer have a union?
ohio is an at will employment state. that means they can fire and hire at will and there is basically nothing you can do. they will just say they hired someone more qualified and you may not be able to prove otherwise.
I am not a lawyer. Want to make that clear. I've seen very few attorneys here, FWIW, and a few people claiming to be who clearly are not.
A company can deny employment to any individual for any reason so long as he is not part of any legally protected class and being denied for being a member of that class. So if you were, for example, black, and the company won't hire black people, you could sue.
People who take antidepressants are not a protected class. I doubt that you'd have a case. I also doubt it would affect your job performance--I'm not a doctor, either--but there's no understanding the baseless bias many people have against people who treat their depression.
I honestly do not know. It MIGHT be aviolation of the Americans with Disabilities Act, or of a relevant state law.
Unflrtunately, my only advice is to consult a local attorney. The best way to find one is to have a trusted friend recommend someone they used, and liked. Usually an initial consultation is free.
This one is right on the edge, in my mind. Good luck.
Most states are employment at will-- However, I see that trend changing within the current politicial environment.
I see no reason that your taking anti-depressants should have been mentioned.
If you took Viagra-- would that have been reported?
You might have a case against the doctor-- but I doubt you have one against the school-- Unless they directly told you that they were not hiring you because of your medications.
Check with a local employment lawyer--- The most likely thing they'll tell you "Find another job"
But at least that way -- you'll have some good advice!
-Jason
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