Help! Was Just Denied a Job for Lifting Restrictions

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lopsided_blogger
lopsided_blogger Member Posts: 100
edited June 2014 in Lymphedema

So mad and confused! I received a job offer as a school library assistant contingent on passing a pre-employment physical. The physical only consisted of a lifting test, where I was supposed to lift 50 pounds five times and carry it across the room.

I've had 12 nodes removed on my mastectomy side and would never lift that amount in my daily life because I fear developing lymphedema. I told the guy doing the physical that. He insisted on how much could I lift, so finally I decided I'd do 25 pounds and say I couldn't lift more than that. 

Of course, I'd find a way around it on the job. I'd get a cart, ask someone to help, break it down or see if someone else could do it. Pretty much reasonable accommodations, I think!

Anyway, I got the call from hr today that said the school principal said they couldn't accommodate my restrictions and I can't have the job. 

I am shocked. Please help--do any of you ladies know how to handle this? Is any of this covered by ADA, etc. And if so, what does that mean; do I have recourse?

Honestly, I'm so mad and don't know what to do. But this all feels sooooooooo wrong. Please, please help!!

Lopsided

Comments

  • kira66715
    kira66715 Member Posts: 4,681
    edited May 2012

    lioness doe is a disability expert. She's been going through a lot, but you could pm her. This seems so wrong to me too. They won' t accommodate you?? Also, the state department of labor?



    Show the person who can carry 50 lb five times???

  • Jomama2
    Jomama2 Member Posts: 96
    edited May 2012

    I am a high school librarian and I have NEVER had to lift 50 lbs of anything.  Yes, the job requires shelving books, usually done one at a time from a booktruck on wheels.  And, when book deliveries come in you may have to lift a box, but that's where strong football players come in.  There is usually someone on campus who is happy to help.  They should be able to work with you in a reasonable manner. Perhaps human resources can help by changing that requirement.  I think my job description called for an ability to lift 25 lbs. I hope someone can help with the legality or illegality of the denial.  Good luck to you.

  • gardengumby
    gardengumby Member Posts: 7,305
    edited May 2012

    It doesn't seem right.  However, if you have to work with the dodo who turned you down because you couldn't lift 50 lbs and carry it across the room 5 times, you may be better off with a different job anyway.  He sounds like a complete jerk.

    On a totally (but not really) different subject...  I wasn't aware that lifting could cause lymphedema.  I have very very slight lymphedema on my MX side (I'm the only one who notices).  I have not restricted my lifting at all, but if that is something that can cause lymphedema, then I may need to rethink.....  Are there any resources you (or anyone) is aware of that can provide information about what to avoid to reduce the risk of LE (other than no shots, no bp, etc)?

  • reesie
    reesie Member Posts: 2,078
    edited May 2012

    Is this a new job you're applying for? Is the lifting a requirement for the job?

  • Kicks
    Kicks Member Posts: 4,131
    edited May 2012

    What did the ad say that you applied to?



    Would I hire someone who wouldn't (say they can't) do the Job they were applying for -NO.

  • lopsided_blogger
    lopsided_blogger Member Posts: 100
    edited May 2012

    Yes, this is a new job and the 50 lb lifting is listed among the job requirements.

    I also can't believe a) a hs librarian would have to lift 50 lbs on a regular basis and b) there couldn't be some simple accommodations--a cart, someone to help, someone to do it, breaking big loads down into smaller--a book or so at a time. 

    I have always been told (since my mast 6 years ago) that lifting heavy objects can cause lymphedema. I'd think 50 lbs is heavy for one person. Actually my onc's nurse is checking with their breast cancer clinic to find some guidelines on lifting requirements/limitations for post-mast node removal bc patients. Then they'll write this up for me. It should be interesting to find out what they find out.

    I still just can't believe this!!!!

  • carol57
    carol57 Member Posts: 3,567
    edited May 2012

    Lifting something heavy signals the lymphatic system to respond to 'stress,' which can trigger added lymph fluid and overwhelm lymph processing capacity (in a manner of speaking) when our nodes are removed, there is extensive scar tissue, or other reasons that lymph does not flow freely. 

    Researchers believe that it is possible to condition the arm(s) and upper body to accept heavy loads while minimizing the likelihood of signaling 'stress' to the lymphatic system, but the trick is to find a way to condition yourself for heavy lifting, without the conditioning (i.e. weight training/resistance training) itself signaling 'stress' and triggering the problem. 

    So, that is why you may have read about doing weight training that starts with very light weights (one pound weights) and works up very, very gradually to heavier weights; and to use measurable weights precisely so you can move up in small, measurable increments (which means that early in your conditioning program, no push-ups, no 'planks,' no resistance/stretchy bands--because it's not possible to measure the resistance).  Also, while working out with weights, wear a compression sleeve and hand protection if you already have an LE diagnosis. 

    The PAL Trial researchers worked out some comprehensive guidelines along these lines, and they believe there is not an upper limit on weight you can eventually lift safely, but again, the trick is getting there without your weight-lifting program causing LE problems.  I've been following the PAL guidelines for months and am lifting 30 pounds (15 per arm) now in a chest press, and a little less in a biceps curl. So far, so good, no LE troubles, and I expect to continue to build from here. There are no guarantees that weight lifting will prevent LE or prevent LE flares, but at least in my experience, following a cautious program has made me stronger for daily-life lifting.

    Having said ALL THAT, of course a weight-lifting program is not going to get you to 50 lbs for quite a while, so while you can condition yourself to lift some pretty heavy items, it's a longer-term goal that's not going to help you in your current dilemma.  I think you're on the right track to discuss accommodations--have they really thought through the lifting requirement?

    If you decide to embark on weight training--good for general health, in addition to being helpful for jobs like the one you describe--try to find a qualified physical therapist or personal trainer who can get you started and ideally, work with you at least periodically to make sure you have good form, so you do not injure yourself. Someone who is familiar with the PAL Trial would be a very good resource, although that's hard to find. A PT or personal trainer can get access to printed materials from the research trial, and if you're interested, let us know and I'll post the appropriate links to request that information.

    Carol

  • carol57
    carol57 Member Posts: 3,567
    edited May 2012

    (edited to delete a double post..not sure how that happened!)

  • camillegal
    camillegal Member Posts: 16,882
    edited May 2012

    Who are they looking for that can carry 50 lbs 5 x across a room--The Hulk---even in my best days that would not be so easy to do. Anyway like it was said I've never seen a librarian without a cart walking around. It sounds like someone is really tryin to limit who is being hired.  But if tat was a requirement from the get o--it might be legal, but stupid. Persnally I would go at this another way---I would find out who the very top person is in this place and CC to 3 other tp people and express u'r feelings about what has happened. Since u have the commonsense in how to manuver 50lbs in other ways u feel like it was discrimination for certain otherwise qualified people.

  • Letlet
    Letlet Member Posts: 1,053
    edited May 2012

    If it was listed as a job requirement to lift 50 pounds then they are probably within their bounds to deny you. I'm not trying to be callous, it just that you just might waste your time fighting with them when it all boils down that they did state that as a requirement, "end of story"

    .

  • Cindyl
    Cindyl Member Posts: 1,194
    edited May 2012

    As a librarian, with mild LE, I have to say, I have occasionally lifted 50 lbs, and more at work.  We drag stacks of chairs and other furniture and computers around sometimes as well.  But what causes me much more trouble than lifting 50 lbs, once or even 5 times, are the times when I need to move 100s (even thousands) of 1 to 3 pound books, one or two at a time.  It's not the big loads that get me, it's the repetitive motion.  I simply can't work in the stacks all day anymore, moving shelf after shelf of books, especially when they need to go from the bottom shelf to the top shelf, and if I still had to work the circ. desk, checking out 1500 books a day?  No way could I do it.  I'm fortunate that my work is mainly supervisory these days and when I do physical work it's on a computer or involves scanning photos and documents. 

    Good luck with your job search!

  • lopsided_blogger
    lopsided_blogger Member Posts: 100
    edited May 2012

    Thanks for all the responses! Here's something I'm wondering--yes, it is stated in the job description, but does that mean they don't have to offer accommodations at all? In this case, they would be extremely reasonable ones. My Lord, how do people in wheelchairs ever get a job if employers don't have to offer accommodations?

    So I'm wondering if having this limitation--this disability using their words--is covered by ADA, and if so, does that make them have to offer accommodations? 

    After all, if I hadn't had breast cancer and node removal because of it, I wouldn't be scared to lift 50 pounds and risk lymphedema. There is no other way to see this than I was denied this job because I had cancer. If I'd never had cancer, I'd be starting on Monday. 

    That is what is so very, very wrong about this. 

  • Cindyl
    Cindyl Member Posts: 1,194
    edited May 2012

    This may answer some of your questions http://www.eeoc.gov/facts/ada18.html

  • lopsided_blogger
    lopsided_blogger Member Posts: 100
    edited May 2012

    I just learned that there were significant changes to the EEOC and ADA in 2008 with the intention of providing broader coverage to less severe disabilities. Basically they took away the burden of proving you're disabled in an overall work sense to make it more limited to specific areas of life--one of them is lifting. As I see it, I and anyone who has had lymph nodes removed as a result of bc is limited in lifting moreso than the general population. They also introduced another category of bodily functions, which specifically includes lymphatic systems. In their explanatory notes section, Congress noted that impairments should be easily matched with systems, specifically lymphedema is a disease of the lymphatic system. So, to me, the question becomes do you have to have lymphedema to be protected or does ADA protect people like me (like us) from having to risk developing it. I'll also note that cancer is protected under ADA. It says something like controlled or in remission, but basically that would be me (us) since none of us can claim cure until we die of something else. Anyway, the way I read it, I should be protected because of my cancer, because I'm talking about cancer and its related ailments limiting my lifting and because I'm also talking about the lymphatic system/lymphedema.

    **Naturally, I'm no lawyer and this isn't advice to anyone else. It's just the way I see it, but it makes sense to me. I can't believe this hasn't come up and been settled by many court cases to date. 

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