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-   -   Is it lawful for an employer (https://www.askmehelpdesk.com/showthread.php?t=535118)

  • Dec 15, 2010, 09:33 PM
    tinamariec
    Is it lawful for an employer
    To refuse to hire an applicant who was granted a health care waiver by the state?
  • Dec 16, 2010, 04:31 AM
    excon

    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
  • Dec 16, 2010, 04:53 AM
    ScottGem

    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.
  • Dec 16, 2010, 06:10 AM
    Fr_Chuck

    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

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