Pennsylvania | Disability Law
Legal Question
post employment physical and discrimination
During a post employment physical with a prospective employer, the fact that I have a herniated disc came up. I sustained this injury at my other job (different company) and am going through workers comp there for treatment. My injury causes minimal discomfort only. I exhibited no physical problems during exam for the new job. I have no restrictions in my other job that apply to this new job. The job does require tasks where I will bend and stretch and at times lift. However, I do that in my current job, have no restrictions on these tasks, and performed the physical exam perfectly. Initially they thought I had a lifting restriction and did not give me medical clearance. I corrected them on that and asked them to review again in light of the fact that I have no applicable restrictions to this job. Can they again bar me from the job simply because they have a concern I'll get hurt due to my existing injury? Can they make me take yet a second physical to prove my fitness if I insist they pursue my case for employment? Thank you.
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