Content Overview
- Overview
- Choosing Benefits From A New Employer
- What Can An Employer Do When It Learns About Your Health Condition?
- Employment Agreement Arbitration Clauses
- Getting An Accommodation If You Need One To Help You Do Your Job
- Start Looking For An Advisor Who Can Help With Advice
- Start Keeping Track Of Facts That Will Be Difficult To Remember Or Prove Later
Work: Starting At A New Employer - A Primer
What Can An Employer Do When It Learns About Your Health Condition?
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The fact that you have or had a life changing health condition may not be used to withdraw a job offer if you are able to perform the fundamental duties ("essential functions") of a job, with or without reasonable accommodation, and without posing a direct threat to safety. (A "direct threat" is a significant risk of substantial harm to the individual or others in the workplace that cannot be reduced or eliminated through reasonable accommodation.)
Therefore, the employer can evaluate your present ability to perform the job rather than make unfounded assumptions. To do this, an employer may ask medically related follow-up questions about your health condition, such as whether you are undergoing treatment or experiencing any side effects that could interfere with the ability to do the job or that might require a reasonable accommodation.
Example: Sarah is asked to complete a medical history questionnaire and have a medical examination after receiving an offer of a security guard position. In the section of the questionnaire asking about various current and/or past medical conditions, Sarah indicated that she was diagnosed with very early-stage colon cancer six years ago. When the doctor conducting the medical exam asked follow-up questions about the possibility of recurrence, Sarah explained that she did not require any further treatment after the malignant polyp was removed and that her annual colonoscopies for the past five years have shown no evidence of disease. Because she is able to perform the duties of a security officer without posing a direct threat, the employer may not withdraw Sarah's job offer.
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