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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38570
Experience:  Retired (mostly)
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Can we add the following questions to our employment application? In

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Can we add the following questions to our employment application?

In addition to working for our company, would you also continue to work for another employer? If yes, does your other employer offer healthcare coverage? If yes, are you currently enrolled in their healthcare plan?
You would be exposing your organization to the risk of being charged with disability discrimination under both California and Federal law, as well as ERISA discrimination re health care benefits, because the questions could be used to screen out workers with preexisting health conditions who may increase your employment health care costs.

So, while you can include the questions, you could be shooting yourselves in the foot by doing so.

Hope this helps.

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