Have you ever wondered whether an employer can refuse to hire you for health reasons? Perhaps you think you’ve been not hired because pregnant. Alternatively, maybe you’re waiting for an operation but need a job in the meantime. In any case, there are many potential reasons to hire a local California employment lawyer – but this isn’t always clear. With this thought in mind, today, we are looking at some of the critical things you need to know about not hiring for health reasons.
Can an Employer Refuse to Hire Me for Health Reasons?
In most cases, an employer cannot refuse to hire a potential employee for health reasons. As such, while employers may be allowed to ask for medical information, they are often unable to make a decision based on this information. As such, it is not legal for employers to refuse to hire someone who – for example – is pregnant or has been suffering from long-term arthritis.
However, while an employer cannot discriminate on health, there are some scenarios in which they could make an exception. For example, a certain level of physical strength or health is sometimes required for a job. For example, strenuous roles – such as being a bricklayer – may require the employee to be physically fit to do the job well.
In addition, some job roles have a huge amount of responsibility, which may also require specific physical attributes. For example, being a train or bus driver might fall into this category since you need excellent eyesight to operate these vehicles safely. As such, for the safety of yourself or the business’s customers, in a small number of cases, the firm may need to consider your health.
However, small, medium and large businesses alike must never directly discriminate based on your physical health. That means businesses should never refuse to hire someone because they have been ill or pregnant if the job is safe for them to complete.
Final Thoughts
If you’ve been looking to hire a new member of staff or looking for a new job, it’s vital to understand employment law. One such field that can be a little tricky to understand is health. In fact, an employer can refuse to hire someone if they do not meet the physical requirements for a job. For example, if you do not have good eyesight, you may not be able to work as a pilot due to the rigorous and dangerous nature of the job.
