Q. Several recent hires have suffered work-related injuries shortly after starting to work for us. As a result, our workers’ compensation premiums have soared. Our CEO, in an effort to avoid this problem, has directed managers to hire only “careful” workers in the future. Is this legal?
A. Perhaps. If the CEO’s direction to hire only “careful” employees refers to selecting those individuals who can safely perform the functions of the position, this job qualification may be defensible. However, there are some legal concerns.
First, don’t use this standard to exclude members of any protected category—including disabled workers. It may be perceived as a pretext for excluding workers that would require a reasonable accommodation of their disability.
Second, keep in mind that employers may not ask applicants (or their former employers) questions regarding previous workers’ compensation claims. Enforcement guidance issued by the EEOC states that questions regarding occupational injuries are disability-related inquiries that are prohibited by the ADA.
A prospective employer can seek this information only after a conditional offer has been extended and only if the same information is sought from all other applicants in the same job category.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12465/will-we-run-into-legal-trouble-if-we-commit-to-hiring-only-careful-workers "