Workman’s Compensation Lawyer .\u00a0You should strive to be in your best shape when applying for a new job, but potential employers can’t just write you off for past injuries.<\/p>\n
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Case in point: A patrol officer applicant named Russell Holt sued BNSF Railway Co. after the Texas-based company yanked his job offer when Holt disclosed a prior back injury. The EEOC has now filed a lawsuit on Holt’s behalf, claiming that BNSF discriminated against him on the basis of a disability.<\/p>\n
Can you sue when you’ve been denied a job based on past injuries?<\/p>\n
Discrimination Barred by ADA<\/p>\n
The Americans With Disabilities Act (ADA) prevents private employers from discriminating against applicants or potential hires on the basis of a disability. While the ADA doesn’t cover all conditions, “disability” generally covers any physical or mental impairment that substantially limits a major life activity.<\/p>\n
In Holt’s case, during a post-offer medical exam, he disclosed to BNSF that he had sustained a back injury in 2007; he also asserted the injury did not affect his more than a decade in law enforcement or his ability to perform physically demanding activities. However, as the Equal Employment Opportunity Commission (EEOC) reported in a press release, BNSF demanded Holt undergo expensive and medically unnecessary testing, and eventually withdrew its job offer because it regarded Holt as having a disability.<\/p>\n
This sort of discrimination on the basis of a perceived disability, even if applicants like Holt don’t have a qualifying disability, is barred by the ADA. If you feel like your job application was denied on the basis of a real or perceived disability or injury in the past, you may have a similar claim for damages.<\/p>\n
Qualified for Work<\/p>\n
You may be able to sue a potential employer for turning you down over a perceived disability, but employers do have some ability to gauge your health or physical abilities as conditions for a position. As you may know, bona fide occupational qualifications can be used by employers as a defense to claims of discrimination, essentially claiming that the job requires certain physical attributes that the candidate doesn’t possess.<\/p>\n
So if your potential new job requires you to lift at least 50 pounds, then you may be legitimately turned down if a prior injury prevents you from doing so.<\/p>\n
Finding it hard to see the difference between discrimination and legal employment practices? Contact a workman’s compensation lawyer\u00a0to see if your past injury situation is one that merits a lawsuit. -findlaw<\/p>\n
Contact Charleston’s best in Personal Injury Law, contact Clekis Law today!<\/p>\n","protected":false},"excerpt":{"rendered":"
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