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[IP] I need Everyones help-Please
My response to them would be that the call is in the DOTs court, not their's.
They are not the ones to interpret the rules.
I would think it legal for them to require that you have a commercial drivers
license. It should be part of the job description. It should not be part of
the "oh, we found out you are diabetic and don't want to hire you, so lets make
up a reason" stuff after they find out.
So, look at the job description that you applied for. Was it part of the
requirements from the get go? or made up later?
If it is just a licensing issue, you should be given a chance to get the
license. Let DOT turn you down. If they were hiring a non-diabetic they would
let him/her apply for the license and if he/she could not get it they would "let
them go". You should be afforded the same chance.
Too often people make assumption as to what is allowed and not allowed based on
word of mouth. Some people think diabetics can't drive at all. Fact is it
varies from state to state. These guys may be making an assumption that would
cost you a job.
If it were me, unless they could show me that the law clearly says that type 1s
can't get a license and that the job description clearly stated that a
Commercial license was a written job requirement, and I still wanted the job,
then I would rattle the saber of discrimination. They can't make up new
requirements after they give you the offer and find the big D.
Even if the license is a requirement, it should have been specified that you
either possess one now or can get one by some reasonable time. If you can't get
one then they can let you go at that time.
My guess is that they probably goofed and didn't make it a req. That means that
you get a job if they have already offered it to you. If it was a req. then you
get a job until you get turned down by the DOT. If it was a req. that you
already have a license and you don't then you're out of luck unless you can show
that they would have given anyone else a grace period to get the license.
I am not a attorney. I didn't think I fooled you. I just wanted to throw in a
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