Job Bid/Bad Back

nancyp

I have an employee who submitted a job bid for a new position we have open. He is the most senior of the ones who applied. My question is - can I deny him the job due to having two workcomp injuries involving his back in the past. This new position requires him to lift up to 60 lbs. a day and I am really afraid he will hurt his back and it will again cost us alot of money if it turns into another workcomp situation. Please advise.

Gillian

Assuming that you have 15 employees such a decision would violate the ADA because he has a "record of an impairment" or "is regarded as having an impairment. If you had a job related physical examination, however, that might tell you whether or not the person has the ability to lift 60 pounds. If you were to do this, though, it should be done for all candidates. Hindsight doesn't help much but it would have been better to have a job related physical exam in place before now because it may look like this was done for the purpose of screening out this person. A job related physical exam is not the "Dr. Quack" kind but one that is geared specifically to test the candidates physical abilities with the physical requirements of the job.

System

In addition to the ADA, you also could be accused of retaliating against him for filing workers' comp. Stay focused on the question of whether he can safely do the job, and call a lawyer in your state if it starts to get hairy.
[url]http://www.hrhero.com/findanattorney.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

nancyp

Gillian - THANKS so much for your quick response. I am new at my job and just a little gun shy. I am also new at HRhero which is going to be a tremendous help. Thanks again.