Legal Question in Disability Law in South Carolina
pre-employment questions
I applied for a job. Question on application ''have you ever been fired from a job, if so please explain''. Indicated that I became sick and then terminated while on on sick leave. I was contacted by a HR personnel and was asked the following questions. (1) how many days were you absent from work because of illness, (2)what did the doctor's note states, (2) how long did you take to contact supervisor, (3) can you provide medical note from doctor and again asked the question (4)how many days was you out sick before being terminated.
Are the questions asked by HR Assist in violation of the Americans With Disabilities Act and what can I do about this matter? I was informed that I qualified for the job yet was not hired. HR Assist admitted to Director of HR that she questioned me referencing the above.
1 Answer from Attorneys
Re: pre-employment questions
The initial question on the application is probably legal, but the follow-up questions are probably illegal. It is a violation of the ADA for an employer to make health related inquiries prior to extending a conditional offer of employment.
If you would like to consult with an attorney on this issue, you can either contact a local attorney who handles labor/employment matters or you can contact me at [email protected].
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