Job Disqualification

LindaS

I have an employee who, after 10 months of receiving medical treatment is claiming an w/c injury. This is currently being investigated but here's the question...

We recently put up a job posting that he has signed for. Based on his seniority he is 1st in line for the job. This is a fairly physicial job and the requirements are outside of his current work restrictions. We had this same situation back in January and we disqualified him from the job due to the fact that his restrictions hadn't, at that point, changed from August 2002. We are now in July 2003 and his work restrictions are still the same. I'm looking at disqualifying him from the job due to his restrictions but am not sure if his claim that this is now work-related has any impact on our responsibility to hold the job.

Any information would be helpful.

Hunter1

An interesting question, and I think your labor agreement or past practice may have something to do with how you handle the situation. I have requirements in my posting language that you have to be qualified for the position you are bidding on, and would probably disqualify him based on the fact that he doesn't meet the qualifications. Off hand, I can't think of any requirement like USERRA which would require you to treat him at least as favorably as if he had been in the work force. Any ADA or WFEA concerns? "Crystal Lake Cheese" gives all of us Wisconsin employers pause for thought. ('Essential functions be damned; Is there an undue hardship? If not, accommodate').