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08-10-2011, 05:40 AM   #16
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QuoteOriginally posted by magkelly Quote
Yeah, it is, supposedly but it never stops employers from going there. Like I said they just put up qualifiers to weed people out, like heavy lifting for an office clerk's job. Legally they can do that, and it accomplishes what they need it to do because anyone who can't, won't be hired, and won't affect their insurance.
I think you misunderstand the law if you think they can "legally" put up qualifiers that are not reasonably required for a business purpose. 13.363.10 Disability Discrimination - Employer's defenses - Qualification standards, tests or selection criteria - Proving business necessity defense ; The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities If you feel this is happening, you should contact the EEOC.

08-10-2011, 09:58 AM   #17
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Self employment is your answer

QuoteOriginally posted by magkelly Quote
Maybe, but I don't think it was so much salary issue as it was about insurance premiums being higher for me, and feeling like they were taking a risk hiring someone disabled with an illness thing. It's not the first time I've lost out on a permanent job going from temp to perm because of it. When prospective employers see you have an illness or disability that doesn't just go away it makes them reluctant to hire you on. (Unless they can wrangle a grant out of it maybe.) They tend to think you're just trying to get on their insurance so you can drive their bills up that way.

I can't lift 50lbs, I can't do certain repetitive motion things for long now. They often will use that as an excuse not to hire you even though you don't even do that in the real job. It's not about being able to do it. It's about weeding you out as a potential big user of their insurance benefits down the road.
The same thing happens after you pass age 50 too. I know that there are laws prohibiting age discrimination in hiring, but there are so many ways they can disguise their reasons for not hiring an older person, that the law has no teeth. The reasons for not hiring older people is the same as what you experienced. That is the cost of health insurance and a higher salary. That is also part of the reason for them to hire young people.

It happened to me too. The company that I had worked for, for 17 years decided to get rid of all of their regional managers who for the most part were older people. Some were younger and somehow new slots were created for them, but somehow they couldn't find a place for their older workers, even though I and most of the other older mangers were among their highest producers. My solution was to use my skills as an independent contractor, or "Consultant", form my own company and pay my own health insurance and become self employed. I'd strongly encourage you to advertise your skills to potential clients and be your own person. I did and never looked back.
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