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Medical Mystery:

When can you ask applicants about their health and injuries?
Scenario
A Washington state manufacturer refused to hire an applicant because he was injured at a previous workplace more than 10 years before. The man complained to the EEOC, who filed an ADA disability discrimination lawsuit on his behalf.

Resolution
The company ended up settling the case for $175,000. It also agreed to hire the man and fix its hiring practices.

Solution
Know your ADA obligations. The ADA requires employers to:

  • Determine if the applicant has skill and experience to perform the job.

  • If he or she does, the employer may make a conditional job offer pending a physical examination.

  • If the exam reveals any current limitations, the employer must determine whether those limitations prevent the applicant from performing any of the job’s essential functions.

  • If so, the employer and applicant must determine if reasonable accommodations would allow the applicant to perform the job’s essential functions. Only if no accommodation can be found may the employer refuse to hire.
BEST SOLUTION:
Call Alternative HR! 
When evaluating applicants, it’s legal to ask whether a person can physically perform the job functions. Just make sure your questions are “job-related and consistent with business necessity.” However, you should never factor old injuries or medical conditions into your decision.

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified workers based on a “record of disability.” Employers can only consider the applicant’s current condition, not any past injuries or illnesses.

Do you have questions?
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