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May an employer ask an applicant about his or her workers compensation history prior to making the applicant a conditional job offer?

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May an employer ask an applicant about his or her workers compensation history prior to making the applicant a conditional job offer?

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No. An employer cannot ask about an applicant’s job-related injuries or workers’ compensation history at this phase of the pre-employment process, as these questions are directly related to the severity of an applicant’s impairments and therefore may be likely to elicit information about a disability.

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