Can someone not hire you because you have asthma?

I went to the doctor today to get a physical to become a firefighter and the doctor said she could not pass me because i have asthma. I even passed the pulmonary function test!! I havent had a asthma symptom in years. I do take medication and its doing exactly what it is suppose to do and let me live a life without the symptoms. But, according to NFPA 1582 that if you have Asthma, you automatically fail to meet the requirements, I feel that that is discrimination

Asked on June 11, 2009 under Employment Labor Law, Wisconsin


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

no unfortunately it is not discrimination to prohibit people with certain medical conditions from performing certain jobs, even when the condition is in check. This is not the only profession. For example the navy also won't allow people with asthma.

Because of certain job risks and or complications based on a potential issue with an individuals condition certain professions simply have limitations. It is not illegal they were within their rights to deny admission as a firefights. sorry

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.