Hiring

cbs

In the past our company required a physical examination to determine past medical information and see if a hired employee could lift our companies 50# weight requirement. There was never an applicant rejection so we stopped physicals. We now have an applicant complete a medical history form we provide to them and if they state that they have had back trouble in the past and the job description for the job they are applying for requires lifting and twisting can we tell the applicant that they will not be hired because of their prior back condition.

Margaret Morford

If you are having applicants fill out the medical history form, I think you are in violation of the ADA. You can't ask about medical histories prior to hiring someone because you may force him/her to disclose a disability. That's why drug screens and physicals are done after the offer is made. If lifting 50 pounds is an essential function of the job, do you review the physical functions of the job with all applicants, not just the ones you feel like may not be physically fit? If the applicant says he/she is not able to lift 50 pounds because of a disability, do you explore whether you can reasonably accomodate that disability? Then document these discussions regardless of your decision to hire or not hire.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]