Legal Question in Employment Law in Arizona
Can we utilize worker's compensation history as a consideration in hiring someone?
Asked on 5/02/10, 8:22 pm
1 Answer from Attorneys
Blake Simms
W. Blake Simms, P.C.
Thank you for your inquiry. More than likely, it would be legal to make workers' compensation claims a factor in hiring. It will depend, though, on whether the injury that caused the applicant to file te claim qualifies as a disability under the Americans with Disabilities Act. If it does, that might be a problem.
In a situation as sensitive as this, you might want to consult an employment attorney. I would be willing to meet with you at no charge to discuss this issue. Let me know if you would like to set up a consultation. Thanks, again.
Answered on 5/07/10, 8:37 pm