Q: can an employer, in this case the department of navy deny me employment based on mental health? Specifically anxiety?
I was offered a position with the department of the navy as a civilian and I had accepted. During the medical part of the on boarding process I was asked if I had any mental health issues. I currently do not so I replied with no. Unknown to me the medical doctor doing my review had accessed my VA medical records where 2 years ago I had called the VA to ask about what resources were available for anxiety because at the time I felt I might have anxiety. The navy doctor wanted me to get signed off from a provider saying that I was not under medication or that my anxiety was under control. The problem is that I never received treatment or medication. I never saw anyone for anxiety all I simply did was call the VA to ask for resources. Because I was unable to produce a signed document from my provider I was denied the job. Seems strange because I was never seen by anyone for any anxiety I simply called the VA for information so there was nobody that could sign my document.
A:
There is nothing unlawful about a branch of the military determining that someone is unfit to serve based on a possibly disabling condition. That you have not been previously diagnosed does not matter. If you cannot get a medical note to confirm you are able to perform the very difficult duties of a member of the armed forces, you cannot expect to get that job.
Suing the federal government for being denied entry into the Navy would be a waste of your time, money and energy.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
