Can we refuse to hire a qualified job applicant because they have a child or spouse with diabetes and we are concerned about the applicant missing work?
No. This is a form of discrimination called “discrimination by association.” In this case the applicant, even one who does not have a disability, would have rights under the Americans with Disabilities Act (ADA) an could potentially seek legal recourse. However, an employee who fails to show up for work or is habitually late due to personal problems can be fired.
Related Questions
- We did a background screen on a potential applicant and found out that he was arrested on two occasions for sexual assault on a child. Can we refuse to hire him?
- Can we refuse to hire a qualified job applicant because they have a child or spouse with diabetes and we are concerned about the applicant missing work?
- Can a company refuse to hire because the applicant has filed comp claims in the past, or because hiring this applicant will result in higher comp costs?
