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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6122
Experience:  Experience in business law, contract law and related matters.
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On an employment application is it allowed to ask for the person

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On an employment application is it allowed to ask for the person applying for the job to disclose if they have any pre-existing conditions? Both mental and physical.

Hello and thank you for using the Just Answer website. I look forward to assisting you.


The answer to your question is that it depends on what the job is. There are some instances where an employer needs to know certain things about an applicant's health due to the nature of the job. An employer cannot discriminate due to a person's disability as that is a violation of federal and state law but they are allowed to ask questions about an applicant's physical or mental health if it is relevant to the job.


Please let me know if you need any clarification.



MDLaw and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

We own a security guard company in Arizona and we advise in the application that each person applying for the job is required to be able to walk for 8 hours and be able to lift up to 10 pounds and to be able to respond to stressful situations.


Then later when a supervisor checks on the security guard at the location he or she is working at and the supervisor finds the security guard sitting in his car and asks that person why they are not walking around, the person responds that they have a bad back and can not walk?

Can we then fire them?

Are you now asking a separate question? I'm not sure how your current question relates to your original question. The site requires that you ask new questions in a separate thread. If you meant to ask for clarification on my answer, I apologize for not understanding what you need clarified. Please let me know so that I can further explain. Thanks!