An employer refuses to hire me because I filed a workers compensation claim while employed at my previous employer. Is that legal?
If the employer obtained information about your prior workers compensation claim or occupational injury from a third party, such as a former employer or the Workforce Safety and Insurance, before making a conditional offer of employment, they may have violated the Americans with Disabilities Act. At the pre-offer stage, as at any other time, an employer may not obtain from third parties any information that they could not obtain directly from the applicant. However, an employer may ask questions about an applicant’s prior workers compensation claims or occupational injuries after it has made a conditional offer of employment, but before employment has begun, as long as it asks the same questions of all entering employees in the same job category.
Related Questions
- An employer refuses to hire me because I filed a workers compensation claim while employed at my previous employer. Is that legal?
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