The Hayber Law Firm, LLC 
CAN THEY DO THAT?
221 Main Street                                                                                May 23, 2014     

Hartford, CT 06106                                                                              VOLUME 167
Can a potential employer revoke a job offer based on the results of a medical exam?

Only under certain very specific circumstances.  To begin with, the exam would have to reveal a medical condition that directly affected your ability to do the work- for example, if it is a job requiring you to stay awake at night such as a security guard at a hospital and the exam reveals you have a sleep disorder.  Specifically, the exam would have to show that the condition would affect your ability to do the job with or without a reasonable accommodation.  If, in the above example, a reasonable accommodation could be made (such  as breaks every few hours to get up and take a brief walk) that would enable you to do the job safely, then the exam results are not a legal reason to rescind the offer.  The important point is that the potential employer must talk to you about the condition and the work and see whether it will be possible to accommodate the issue.  

The Equal Employment Opportunity Commission (EEOC) recently filed suit against a company that rescinded an offer to an employee without determining whether he could do the job.  Of the situation, the EEOC stated that "Employers cannot rescind a conditional job offer based on uninformed assumptions regarding an individual's ability to work....   Once [the employer] learned of the applicant's medical conditions, it refused to hire him based on preconceived notions.  That violates federal anti-discrimination law, and the EEOC will continue to enforce it."  

If you believe that you have suffered treatment of this type, do not hesitate to contact the Hayber Law Firm!

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Richard Hayber
The Hayber Law Firm, LLC
 
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The materials in this e-zine are provided for informational purposes only and do not constitute legal advice.  This e-zine is not intended to create an attorney-client relationship between you and The Hayber Law Firm and you should not act or rely on any information in the site without seeking the advice of an attorney.

Richard Hayber
The Hayber Law Firm, LLC
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