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Am I required to submit to a medical exam for a job?

September 27, 2013 by

The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities.  If you are … [Read more...]

Filed Under: Employment Discrimination Tagged With: , , , , , , , , ,

May an employer discriminate in job ads seeking only certain gender or age?

September 26, 2013 by

Federal code 42 U.S.C.A. 2000e-3(b) proscribes employers from "printing or publishing or causing to be printed or published any notice or advertisement that indicates a preferece, limitation, specification, or discrimination" of any particular protected class.  For example, advertisements textually or facially soliciting "boys," "girls," "students," or "recent graduates" are suspect. 29 CFR 1625.4 (a)  Employers challenged this and the Supreme Court stated this limitation does not violate the … [Read more...]

Filed Under: Employment Discrimination Tagged With: , , , , , ,
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