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Applicant injured after passing medical exam? Demand another

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It’s common to make a job offer contingent on the applicant passing a job-related medical examination. But what happens if the applicant passes the exam and then becomes ill or injured before starting work?

In those cases, the employer can demand another exam or more information. Just be sure not to revoke the job offer until after the exam has been completed.

Recent case: Jillian Klatt applied to become a Moorestown police officer and was offered the position contingent on passing a medical exam. She passed, but injured her foot before starting work. The police department requested another exam.

Klatt refused and sued, alleging she was being regarded as disabled.

The court tossed out her case, reasoning that since the job was held open pending the exam, she hadn’t experienced an adverse job action. (Klatt v. Moorestown, No. 06-4320, DC NJ, 2009)

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