Special issuance (HIMS) discrimination
08-18-2018, 08:57 PM
#1
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Special issuance (HIMS) discrimination
Hello All,
After being away from flying a couple of years I am back and looking for work. I recently got a special issuance Class 1 which was for a non alcohol related issue.
Do Regionals care if you are on this program? I asked the FAA if I have to disclose it and they said no as I haven't been refused a medical or had it revoked. I just had to supply doctors reports.
What are peoples thoughts? I have heard there are some companies that actively try to avoid hiring HIMS program pilots.
After being away from flying a couple of years I am back and looking for work. I recently got a special issuance Class 1 which was for a non alcohol related issue.
Do Regionals care if you are on this program? I asked the FAA if I have to disclose it and they said no as I haven't been refused a medical or had it revoked. I just had to supply doctors reports.
What are peoples thoughts? I have heard there are some companies that actively try to avoid hiring HIMS program pilots.
08-19-2018, 04:15 PM
#2
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Posts: 11,489
Originally Posted by Pilotchute
Hello All,
After being away from flying a couple of years I am back and looking for work. I recently got a special issuance Class 1 which was for a non alcohol related issue.
Do Regionals care if you are on this program? I asked the FAA if I have to disclose it and they said no as I haven't been refused a medical or had it revoked. I just had to supply doctors reports.
What are peoples thoughts? I have heard there are some companies that actively try to avoid hiring HIMS program pilots.
After being away from flying a couple of years I am back and looking for work. I recently got a special issuance Class 1 which was for a non alcohol related issue.
Do Regionals care if you are on this program? I asked the FAA if I have to disclose it and they said no as I haven't been refused a medical or had it revoked. I just had to supply doctors reports.
What are peoples thoughts? I have heard there are some companies that actively try to avoid hiring HIMS program pilots.
The good news is that HIMS has a 90% success rate. The bad news is that that means it has a 10% failure rate. If you are an already trained aviator employee, that's a risk worth taking. If you aren't already employed by them then it is a serious incentive for them to look fore someone who DOESN'T have a problem.
Fortunately they aren't allowed to ask - it isn't legal. Unfortunately if you VOLUNTEER the info they have a real incentive to find someone else whose chances they like better.
08-20-2018, 04:51 PM
#3
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Airlines will of course need to see your medical at the interview.
Generally, today they probably shouldn't ask about the SI (in the past they would have shown you the door for any SI).
If it's one of the few airlines which performs an in-house 1C exam simply to verify your eligibility (they can do that, they don't have to trust your local-yokel, country-doc hometown AME), they will get to see whatever paperwork you have from the FAA related to the boxes you check on the medical app. I think, in most or all states, they are only allowed to verify your eligibility for a 1C and not apply their own, higher standards.
Generally, today they probably shouldn't ask about the SI (in the past they would have shown you the door for any SI).
If it's one of the few airlines which performs an in-house 1C exam simply to verify your eligibility (they can do that, they don't have to trust your local-yokel, country-doc hometown AME), they will get to see whatever paperwork you have from the FAA related to the boxes you check on the medical app. I think, in most or all states, they are only allowed to verify your eligibility for a 1C and not apply their own, higher standards.
08-20-2018, 05:15 PM
#4
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Originally Posted by rickair7777
I think, in most or all states, they are only allowed to verify your eligibility for a 1C and not apply their own, higher standards.
That does not stop them from finding some OTHER thing to disqualify you for if you get tricked in to admitting you have a special issuance before the job offer is made, however.
08-20-2018, 08:43 PM
#5
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Originally Posted by Excargodog
The Americans with Disabilities Act was specifically modified after Sutton vs UAL to both make it extremely difficult for airlines to justify a higher standard than required by the FAA and to prohibit them from doing medical exams until AFTER the applicant was hired, opening them to a wrongful termination claim as well as violation of the ADA if they try anything.
That does not stop them from finding some OTHER thing to disqualify you for if you get tricked in to admitting you have a special issuance before the job offer is made, however.
That does not stop them from finding some OTHER thing to disqualify you for if you get tricked in to admitting you have a special issuance before the job offer is made, however.
You're correct that they have to issue a CJO ("Conditional" Job Offer) before subjecting you to a medical. But it can be hard to prove why they rescinded a CJO...
08-21-2018, 07:17 AM
#6
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Originally Posted by rickair7777
Pretty sure anyone can see that your medical is an SI simply by looking at FAA airman Db?
MUST WEAR CORRECTIVE LENSES FOR DISTANT VISION AND HAVE GLASSES FOR NEAR VISION
Don't think it gives medical details or denotes special issuances..
You're correct that they have to issue a CJO ("Conditional" Job Offer) before subjecting you to a medical. But it can be hard to prove why they rescinded a CJO...
You flunk a drug test - no problem for them. They try to fire you for a medical condition the FAA says isn't disqualifying - huge problem for them.
08-21-2018, 10:56 AM
#8
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Originally Posted by Excargodog
Don't think it gives medical details or denotes special issuances..
I agree they are not supposed to use that info in hiring decisions, but it cannot be entirely ruled out. Not being Debbie Downer, just describing some facts which folks should be aware of.
08-21-2018, 11:00 AM
#9
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Originally Posted by Excargodog
Yes, but once they HAVE hired you they are subject to wrongful termination lawsuits if they do fire you. And during discovery they must reveal precisely why they did fire you after once hiring you - under oath.
You flunk a drug test - no problem for them. They try to fire you for a medical condition the FAA says isn't disqualifying - huge problem for them.
You flunk a drug test - no problem for them. They try to fire you for a medical condition the FAA says isn't disqualifying - huge problem for them.
But at a smaller outfit, say 91/135 might the boss google that before hiring or interviewing? I'd be surprised if there are any small-time operators who don't, especially if they're paying for training.
08-22-2018, 04:41 PM
#10
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Originally Posted by rickair7777
I'm pretty sure anything on the medical cert appears in the Db, including the SI valid period limitation.
Anyone else out there with a time-limited SI that wants to take a look at the airman database and settle the issue for us?
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