Legal Question in Employment Law in California

Medical info on job app./employers refuse to hire because of

While seeking new employment, I have been told by perspective employers that. Do to a back and knee injury on my last job over a year ago. They are sorry but cannot risk hireing me. As it would cause there workmans comp ins. to go way up if I am injured again while employed by them. .Is this discrimination ? how to prove (he said she said). With the new HIPPA act in Ca. I have had trouble getting my own med. info. If I lie about medical history info on applacation. Can I be terminated or worse, if I suffer another injury, will I get stuck with the bill and or charged with a crime if its found out later from my med records about previouse injury ? Is it a crime to not reveal (lie about) this info on job app? Beleive me I never want to experiance a broken back again. I just want a job, But i dont want to break the law to get one!


Asked on 11/16/04, 2:15 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Medical info on job app./employers refuse to hire because of

Generally, the question on the application should only address whether you can perform the essential job functions with or without an accomodation. Detailed questions on the application regarding your medical history are improper as are questions about your workers' comp history. You may want to show a copy of the application to the Department of Fair Employment and Housing

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Answered on 11/19/04, 2:31 pm


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