An individual was in the hiring process and was open and upfront about a lower back issue. He had all medical records and was cleared by a spinal doctor that he can work. The company doctor is refusing to release him for hire due to the back doctor not being able to speak to him personally.

Posted 04-12-2014

Ann Kiernan replies:

This sounds suspicious to me. Under the Americans with Disabilities Act, employers cannot refuse to hire an applicant based on a pre-employment medical exam unless the examination shows that the applicant cannot perform the essential functions of the job and that there is no reasonable accommodation that will enable the applicant to do the job.

I suggest that your friend contact a local employment lawyer to learn more about his rights.

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