DOT Physical?

I have a good friend that works for FedEX. This person is an old driver that I have known for over 20 years. This person is involved in the hiring process now. I have made a copy of this entire thread and emailed it to him. I am awaiting his answer about the company's WRITTEN policy on this. I will advise.

 

Until I get a reply to my email my best advice is start with your doctor and get that statement. Comply with all of FedEX instructions and sign any medical release forms they ask for. FedEX is obligated by FMCSA rules to assess your fitness to operate a CMV. Then take that statement to the exam and let the examiner make the assessment of your fitness to drive. FedEX is going to get a copy of your physical long form and there is really nothing you can do to prevent this. However I am 99% sure if the Medical Examiner clears you FedEX will hire you. Just be honest with your contacts and answers. I wish you well and hope you get that job.

 

I find that to be unnecessarily hateful. I also never said I had a law degree. If I had a law degree, I wouldn't be posting on this forum. This is where it goes wrong with people. You start enforcing your legal rights, and people call you out and demand that you produce your "law degree." I know enough about the law, and I understand how pre hire medical processes work. An employer is prohibited from making inquiries to an employee's medical conditions in the pre-offer stage, and may only ask about medical conditions in the post-offer stage if they reasonably believe the employee needs an accommodation.

Per the EEOC's own website:
An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability). An employer also may not ask a job applicant to answer medical questions or take a medical exam before making a job offer.

Per a published opinion from Federal Court:EEOC v. Grisham Farm Products, Inc., Case No. 16-cv-03105 (W.D. Mo. June 8, 2016), The EEOC determined that pre-offer health questions violate the Americans with Disabilities Act, and they filed a lawsuit over this against an employer. You can NOT be compelled to answer medically-related questions directly to the EMPLOYER in the PRE-OFFER stage of the hiring process.

For your reading pleasure:
The ADA prohibits an employer from "conduct[ing] a medical examination or mak[ing] inquiries…as to whether [an applicant] is an individual with a disability or as to the nature or severity of such disability" prior to extending a job offer.

Here is some more information directly from my "law school," :
However, according to the EEOC, if an employer chooses not to hire an employee because the tests reveal a disability or a perceived disability, that employer must:

• 
  
  
  • Have a job-related reason for not hiring that is based on a business necessity; and
  • Show no reasonable accommodation was available; or
  • Demonstrate the employee would pose a "direct threat" to health and safety in the workplace (not just a speculative threat).

But Wait, there's More:
The EEOC filed suit in U.S. District Court for the Southern District of Illinois (EEOC v. Amsted Indus. Inc. and Amsted Rail Co., Inc., Case No. 14-cv-01292-JPG-SCW) According to the EEOC's suit, during Amsted's hiring process, the company asks applicants if they have a history of carpal tunnel syndrome and gives them a nerve conduction test, even though the most current relevant published medical literature does not support the use of such tests alone, or the use of prior medical history alone, to predict the development of carpal tunnel. Based on the results, Amsted refused to hire Montrell Ingram and at least fifty other applicants because they had a history of carpal tunnel syndrome, tested positive on the nerve conduction test, or both.

Let's run it into the ground:
Per EEOC.gov/laws/practices: The law requires employers to provide reasonable accommodation:
Reasonable Accommodation & Disability
The law requires that an employer provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

A reasonable accommodation is any change in the workplace (or in the ways things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Conclusion:

I'm hoping your buddy at FedEx is following all of the cited laws to the letter in his hiring process. Any person can do legal research and apply these statutes to their own situations. I don't need a lawyer to validate it when it's straight from the EEOC, a Federal agency.

FedEx's written policies do not supersede Federal laws. Several companies have implemented illegal and discriminatory hiring practices, and they end up in serious lawsuits over it.

Disclaimer: I am not a lawyer. However, I love reading these laws and seeing them applied to a common person in the workforce. People get screwed every day. I want the OP to empower himself in this process. He clearly has some reservations about his disability (bipolar disorder is disability ) , and it should not pose a barrier to his employment, or his rights to Equal Employment Opportunities in this country.

Thank you, I'll consider this matter "settled," and please be sure to sign my non disparagement clause per our settlement agreement. I'm done with this, peace.

 

I would like to direct you to the FMCSA's own policies concerning the release of the long form. While it is possible that they can get access to it, they usually do not get the long form. Rather, they get the medical card which only certifies your fitness for duty, and does not disclose personal medical information. The long form must be presented in such a manner, so as to not compromise the OP's medical privacy. They absolutely MUST comply with HIPPA, see the excerpt from FMCSA's website:

Will my employer have access to my medical evaluation?

"Employers must comply with applicable State and Federal laws regarding the privacy and maintenance of employee medical information. For information about the provisions of the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) that was mandated by the Health Insurance Portability & Accountability Act of 1996 (HIPAA) (Public Law 104-191)... ... ... "

I have looked at the personnel file of most of my prior employers. It's a file of all information they have on me as an individual. I have never seen my long form in their records, only the medical card. It would seem that a separate release must be signed for the employer to get the DOT long form.

But look, it's not my intention to provoke you on this message board. I only want to contribute useful information to this website. Rather than offering opinions spontaneously, I have done my due diligence and have provided clear facts to support what I am saying.

 

Better call saul on this one, he knows some people....just sayin

 

I have changed my avatar to honor this post. The University of American Samoa Online has done wonderful things for my "law" career haha...

 

Im deeply honored....

 

So..... Do ya think Chuck deliberately kicked the lantern over or was he having some kinda actack???

 

Man, I haven't even had the chance to catch up with Better Call Saul. I caught a glimpse of the first season, but haven't had the time to watch it... still caught up in breaking bad..

 

Wow! Your just a little behind, lmao.
It's turned out to be a pretty dang good show.