This blog is a continuation of the Disabled Workers Rights FAQ series. If you would like to read Part 1 of the series, click here.
Can the Employer Withdraw My Job Offer After a Medical Examination?
The employer cannot withdraw your job offer just because you have a disability. However, they do have the right to withdraw your job offer if your disability will prevent you from performing essential job duties (with or without reasonable accommodation), or will put you or others at significant risk of harm in the job environment.
For example: Carlos applies for a job as a cook in an upscale restaurant. During the medical examination, he reveals that he has epilepsy. The employer is concerned that Carlos’ condition will be a liability, especially in an environment full of hot burning stoves and sharp utensils. Carlos assures the manager that he is keeping his epilepsy under control with medication. Also, he points out that he has been a cook for several years without a single incident. If the employer withdraws Carlos’ job offer, they would be violating the ADA.
Is the Employers Obligated to Keep My Medical Information Confidential?
Yes. The ADA enforces strict confidentiality requirements. The employer cannot reveal your medical information to any party, barring a few exceptions such as:
- Supervisors and managers
- First aid and safety personnel
- Government officials investigating compliance with the ADA
- State workers’ compensation offices, state second injury funds, or workers’ compensation insurance carriers
The information may also be used by the employer for insurance purposes.
What Happens If I Can’t Perform Some Job Duties Because of My Disability?
The employer cannot reject you because your disability prevents you from performing minor duties. As long as you can perform all essential job duties, you have the right to be hired.
For example: Jon is deaf and applies for a job as a file clerk in a law firm. His essential duties would be to organize and retrieve documents. File clerks are also expected to answer the phone, but it is a secondary duty rather than an essential one. Therefore, the employer cannot reject Jon solely because he is unable to answer the phone.
Top Employment Lawyers in California
If you have faced discrimination in employment due to your disability, contact the experienced disability discrimination lawyers at Wilshire Law Firm for a FREE consultation. We can provide you with a comprehensive assessment of your rights and best legal options for recovery. Our dedicated legal staff are on standby 24 hours a day, 7 days a week. Call us now at (213) 805-8549.
