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View Full Version : Is it lawful for an employer


tinamariec
Dec 15, 2010, 09:33 PM
To refuse to hire an applicant who was granted a health care waiver by the state?

excon
Dec 16, 2010, 04:31 AM
Hello tina:

An employer doesn't have to hire anybody they don't want to, even if the state thinks they're healthy.

But, if you tell us about your situation, we may be able to help.

excon

ScottGem
Dec 16, 2010, 04:53 AM
The American Disabilities Act does prohibit discrimination on the basis of disability. But there are limits.

As noted the law is often a complex matter. We really cannot give you a definitive answer here without knowing more details. Like what state? What health issue. What type of job? Was the health issue cited as the only reason for being turned down?

The more you put into a question the better chance we have of giving you n accurate answer.

Fr_Chuck
Dec 16, 2010, 06:10 AM
Were their other applications just as good as yours that did not have this ?

If you can prove that the only reason they did not hire you was a disablity, then yes you have a case, but it is almost impossible to prove it