danfiveten Posted December 30, 2011 Report Share Posted December 30, 2011 My friend Caitlin, she has recently got her CDL, passed everything inculding the state medical exam, got her card everything. She turned down a local job, to go down to texas to be hired. She went through orientation, and then had to see their doctor. She had epilepsy as a child, but was cleared by a doctor, Then the state had no problem with giving her medical card and CDL. Well the doctor said that was not good enough? And that she needed to get a node from her doctor after coming home before she can be hired. So they made her get on a greyhound and come home, which is a 2 day trip. Now heres my question, can they do that? She was cleared by the state, a doctor, i think if they had a issue with her being on the road they would not of given her a medical card or her cdl? I told her, they cost her another sure job that made less, just to screw her over. I almost wonder if it is because she is a woman, she was the only woman there, and the only one sent home for bull reasons. Just thought this was stupid and if any of you have any idea on this. Ive been a driver for years, and never heard of a lil rinky dink doctor being able to overide the states decision. I had a company say my eyesight was to bad to drive because i had a issue with "their" eye chart even though the state test i took 3 days before said my eyesight was perfect, all i did was show my card and they said ok. Quote Link to comment
bananahamuck Posted December 30, 2011 Report Share Posted December 30, 2011 Company doctors are there to protect the companies liability period.. If she ever had a seizure , it would be all on the companies insurance , so why would they take the chance? ..And having the name " Caitlin " i find it highly improbable they didn`t know she was a woman when they offered her the job.. 1 Quote Link to comment
Rustina 510 Posted December 30, 2011 Report Share Posted December 30, 2011 Plus if she was cleared in one state does not mean she will clear in another state. Each state has different standards for cdl and other commercial positions Quote Link to comment
datzenmike Posted December 30, 2011 Report Share Posted December 30, 2011 Get the note and have a lawyer send it to them with another note stating that this looks like harassment based on gender. (or however those pricks say it) Send copies to the company head office and make sure the doctor knows this was done. Good luck. Quote Link to comment
bananahamuck Posted December 30, 2011 Report Share Posted December 30, 2011 Having identical 10 year old twins with epilepsy ...Alot of times seizures are brought on by a lack of sleep, something common place with truck drivers. And just because a person seems to have out grown them they could still be triggered again...But this time in a 10 ton vehicle going 65 down the highway.. If she does send a letter like that ..they ( there lawyers ) will laugh at it.. Send the doctors note and if they still baulk then there`s your answer Quote Link to comment
FoxyRoadster Posted December 30, 2011 Report Share Posted December 30, 2011 If I am reading this correctly she could have had a note faxed to them if she has her condition still checked on and so forth. I'd think this would fall more under the americans with disability act then gender, but thats just me. Quote Link to comment
1lo620 Posted December 30, 2011 Report Share Posted December 30, 2011 sometime companies can make there own decsions on medical issues, lot of times it is a insurance issue. And I only know Washington law, but Texas can be different. I have a CDL and I am a truck driver, and I have also seen people with high blood pressure and diabetes get there cdls pulled and or not even get them...So I am not sure, she is going to have to look into the legality of it all. I hope it works out for her!!! Quote Link to comment
phiz Posted December 31, 2011 Report Share Posted December 31, 2011 Something I learned from DOT physicals...a company doctor can and will mess with your license status and, NEVER use your own doctor to do your DOT physical. Your doctor knows too much of your medical history and too little about how to submit CDL forms to the state. (I was just notified by the DMV two days ago that my Class A is being reinstated...whew!) Quote Link to comment
Dirk Diggler Posted December 31, 2011 Report Share Posted December 31, 2011 She will have the burden of proof to prove to the court that it was based on gender, and that is VERY hard to do. If you owned a company and found out one of your potential employees has epilepsy (current or not) wouldnt you be hesitant to hire them? There's nothing illegal about it, they would be taking the risk. Your friend should have made them aware of her medical history before she went, especially with something that can change their decision Quote Link to comment
danfiveten Posted December 31, 2011 Author Report Share Posted December 31, 2011 Yah thing is the the epilepsy was when she was under 5, and who knows if she ever really had it, you know how doctors in the old days were quick to say you had something, when you really didnt. I was diagnosed with ADD and truthfully i dont think i did, i was put on medication that i always said i took but never did. Just sucks, she has been trying for 8 months to get a job, got her cdl and now has gotten screwed when she had another local oppurtunity that paid less. Quote Link to comment
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