ADA application to denial of employment to dialysis patient.

[Guest RC Thompson]

"Jay" applies for a job at Company X and the hiring manager makes him a verbal offer that includes salary and starting date. Jay will have to take a company physical before being hired. Jay is currently on SSA disability due to kidney disease (he takes dialysis three times a week, on his own time). Can he be denied employment because of: a) his SSA disability status; b) prescribed drugs found during his physical; or c) because he will be expensive to the medical plan? Does ADA apply to this situation?

[Erik Read]

I would say it depends on if he passed the physical, and if not, if he can contest the results to show that the falure was due to the disability - then - he's hired!

[Guest KGibson]

Would his disease prevent him from being able to perform the essentials functions of the job? That is the key in ADA. If he was prescribed medications that he tested positive for in the physical, that can not be held against him, unless the medications cause impairment that prevent him from...performing the essential functions of the job. Relative to not hiring because of the costs of medical, you are playing with fire. He can not be denied employment because of his disability status, unless, once again, he can not perform the essential functions of the job. Good luck!