If I was offered a job, can the employer withdraw the offer when they find out I don’t have a license?
September 15th, 2011 | 
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Question by lawgurl23: If I was offered a job, can the employer withdraw the offer when they find out I don’t have a license?
I recently filled out a job application for a government secretarial position. I checked the box that said that I DO NOT have a driver’s license. They called me for an interview, and I was offered the job the next day. Well, today I got a phone call from a personnel worker stating that it came back on my background that I do not have a driver’s license. I told him that yes I was aware of it, and it was due to epilepsy. I even filled out a separate form that I mailed with my ap, and I circled that I have a disability. My question is, can they now withdraw the job offer because they found out I do not possess a license? I was honest and I checked the proper box, but maybe they did not notice it prior to the interview. What do you all think? Would that be discrimination if the job offer is withdrawn??? What about reasonable accommodation? Thanks!
By the way, the seizures are controlled and I haven’t had one in about a year, I just do not feel comfortable possessing a license right now!
I have already filled out the paperwork for the position, and I was introduced to everyone at the office as a new employee.
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Answer by LIAR-KILLER
You may have a claim………………………..
Call an Attorney and ask what your rights in the state you are in say!
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It’s not discrimination because more than likely a valid license is a requirement for the job. Perhaps (as you suggested yourself) they did not notice on the application that you had marked that you do not possess a license prior to the interview.
It depends. Does the job require you to have a licence? You said secretarial so I would assume not. And since you did indeed check the “no licence” box, you didn;t lie.
If they do rescind the offer, I would sue them.
I commend you for not having a driver’s license.
It’s not discrimination. Having a driver’s license is a requirement for the job and not having a driver’s license is grounds for termination. So, your employer’s failure to notice your disability and that you checked “I DO NOT HAVE A DRIVER’S LICENSE” was probably a clerical oversight. That clerical oversight does not constitute grounds for discrimination. It’s perfectly just and legal for any job to ask that its employees possess a driver’s license. I’m sorry, and good luck.
By the way, I know that in California, the state often makes a driver’s license mandatory, but that allowances are made in certain cases, such as disability. You should inquire about that before giving up on your job. You must be prepared to show a doctor’s note or some other proof that you have epilepsy.
I’d wait and see if they do withdraw the offer first before getting upset. They still might keep the job offer. Many employers want their employees to have drivers licenses because they want to know that they’ll be dependable in coming to work. So long as your new job doesn’t require you to be driving, you should be fine. If they withdraw their offer, then you might want to look into hiring an attorney.
Don’t worry or feel bad that you cannot have a driver’s license because of seizures. One of my friends is in the same boat you are with that respect.
As far as the job offer goes if you were given the offer in a written form then yes it is illegal for them to withdraw the offer. On the other hand if you just received a telephone call then they could always deny it. Basically, if you already gave notice to a current employer that you were leaving because you got another job offer then you could legally sue but I don’t know your situation. In the end if this place is going to be ignorant and not give you the job now I guess the best you could do is complain to some other part of the government about the situation but that would be about it.
Unless the license was a necessary requirement of the job, it seems like they are violating the Americans With Disabilities Act. It doesn’t sound like there is any reason that you need to drive, and if there ever was, they should be able to get you a taxi. You should file a complaint with the EEOC.
I don’t know if the fact that you told the truth and they hired you matters, it couldn’t hurt.
If you need to drive to do your job, I guess a licence would be pretty important?
It is not discrimination if a license is required for the job. You might be required to do some driving in it, and there is no accommondation possible for that. Sorry.
I’m an employment lawyer married to a person with epilepsy, so I find your situation very interesting.
I’m not sure that the issue is the driver’s license, I see this as a possible Americans with Disabilities Act question.
Is a driver’s license necessary to perform the essential functions of the job?
Is there any reasonable way to modify the job so that it could be performed by someone without a license?
Did you tell the employer that you had epilepsy before the employer withdrew the job offer?
Was this a civil service position?
Depending how you answer those questions you might want to pursue either or both of two paths, because while an employer can withdraw an offer for no reason he/she can’t withdraw it for an illegal reason.
1. Contact the inspector general for the agency that hired you and/or contact the US Civil service Commission,
2. Contact an employment lawyer with experience in civil service issues. Your local Bar Association or an epilepsy foundation can help you find one.
If this is an ADA issue and not a job requirement issue, I wish you luck and patience.
Depends, if a DL is required for the job they can withdraw the offer regardless of why you don’t have one. You can take your case to court as a discrimation one but it’s hard to prove.
If you do nothing, you have lost this job. The reason I bring it up is that right now you have nothing to lose by doing the following:
1. Call the human resources top person — likely a vice president or a director.
2. Give him a short, clear explanation of what happened. The message is that I did everything I was supposed to do. When you focused on, for work purposes, a minor disability you fired me after hiring me.
3. If that doesn’t work, say that you want to give the company one more chance before you go to government authorities. Tell him/her you will be writing the president or CEO of the company.
4. If that fails, write the people who enforce laws against discrimination of disabled persons. That would probably be your state’s Equal Opportunity Office.
Judging from what you presented here, I don’t think you’ll have to go past No. 2.
Gee, I thought the “government” was a top hirer of the disabled. (?) If the position requires a D.L., you’d think they’d look at that first when they look over the apps. That seems very odd… I think they should have to keep you. Why would a secretary HAVE to drive?? Reasonable accommodiation? Grant employment with a immediate pay increase! I’m sorry this is happening to you. NOT FAIR. -OH- What about this: maybe they can place you in personel, replacing the person who does the hiring?? That way they’d have someone who can READ, for heaven’s sake! Sloppy.
I do not see how that can be possible as I have never heard of a govt sec that needs a d/l. I am sure that as long as you can perform the necessary requirements of the position, the job will be yours. Calm down as I fear that you are “making a mountain out of a mole hill”.
once offer a job a job they can’t take away the offer. I know this cause I have epilepsy go to the e.e.o.c. or get a lawyer.