AirRyan
Registered User
Generally, at what point does the request for a medical waiver begin as a DCO candidate? Example, before or after your DCO selection?
Does your qualifications weigh into your request for waiver, or is it purely a question of whatever the manpower needs are at the time of your waiver request, assuming that your condition of course, is waiverable?
I'm curious because I've read a lot lately, to include the Federal government and in particular the FBI under the DOJ (Kapache v. Holder, 2009) how even they are required to abide by Federal law under the ADA act.
We all know how at least according to the law, medicals are "supposed" to be at the end of the process and only after a conditional offer of employment is made. So by law - you wouldn't think it would be legal for the medical standards to deviate per current recruiting needs, so how is that legal for the DoD but not even the FBI/DOJ?
I know full well how the military has used the eye exams as grounds for disqualifying pilot applicants for years, even though they were otherwise capable and qualified to fly. It was just a way for they to trim down the applicant pool, I got that. We all know that Fair is a four lettered F-word, but then again the law is the law, right? (As you can tell, I'm not a big fan of legal hypocrisies.)
You would think it would just be easier (if not legally more defensible) to say "we don't wish to hire you right now" and get really picky in the application process, as opposed to saying "although you have a medical issue which is otherwise waiverable, we choose not to grant you a waiver at this time and thereby not extend to you employment."
Does your qualifications weigh into your request for waiver, or is it purely a question of whatever the manpower needs are at the time of your waiver request, assuming that your condition of course, is waiverable?
I'm curious because I've read a lot lately, to include the Federal government and in particular the FBI under the DOJ (Kapache v. Holder, 2009) how even they are required to abide by Federal law under the ADA act.
We all know how at least according to the law, medicals are "supposed" to be at the end of the process and only after a conditional offer of employment is made. So by law - you wouldn't think it would be legal for the medical standards to deviate per current recruiting needs, so how is that legal for the DoD but not even the FBI/DOJ?
I know full well how the military has used the eye exams as grounds for disqualifying pilot applicants for years, even though they were otherwise capable and qualified to fly. It was just a way for they to trim down the applicant pool, I got that. We all know that Fair is a four lettered F-word, but then again the law is the law, right? (As you can tell, I'm not a big fan of legal hypocrisies.)
You would think it would just be easier (if not legally more defensible) to say "we don't wish to hire you right now" and get really picky in the application process, as opposed to saying "although you have a medical issue which is otherwise waiverable, we choose not to grant you a waiver at this time and thereby not extend to you employment."