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.
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