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    tinamariec's Avatar
    tinamariec Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 15, 2010, 09:33 PM
    Is it lawful for an employer
    To refuse to hire an applicant who was granted a health care waiver by the state?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    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

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