Legal Question in Employment Law in Florida

Re: release of information

That is permissible, but problematic. Employers can seek such information to see whether employees are accident prone, litigious, etc. But they may not refuse to hire (or discharge) someone for filing a claim. Thus, if they ask the question and then do not hire someone who previously filed a claim, they set themselves up for a lawsuit.

Also, employers may not ask specifically about any disability or medical condition (unless the applicant/employee brings it up) or discriminate based on disability. They can ask whether there is anything that would prevent the applicant from performing the job in question, or whether any accommodation might be required.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.