Can I be fired for having hypertension?.

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Can I be fired for having hypertension?.

I drive a delivery truck in which
I have to have a DOT medical card.
My company pays for this DOT
physical. The card is usually
issued for a year. If for some
reason there’s a problem they only
issue it for 3 months so you can
fix the problem. Recently my blood
pressure has gotten out of
control. I’ve failed two physicals
and my company said if I fail
another, I’m fired.

Asked on July 27, 2016 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot be discriminated against due to a medical disability so long as you are able to perform all of your job duties. However, if getting a DOT medical card is a requirement of your employment and you are unable to get one due to your hypertension, then you are unable to perform the duties of your job and, accordingly, your company can legally terminate your employment.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you need a DOT medical card and cannot obtain one due to a medical condition, like hypertension, then yes, you can be terminated for that reason: an employer does not need to retain employees who cannot do their jobs, and if you are not medically or legally eligible to drive, they can therefore let you go.


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