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Can you be fired for non-disclosure of a disability during the pre-employment phase?
iF YOUR FITNESS TEST REVEALS A DISABILITY ARE YOU FIRED????
Only educated responses please...(Familiar with ADA)
There is no legal obligation for an employee to disclose their disability to you, unless it is likely to affect their ability to meet the inherent requirements of the job. For anyone who tells you you can be fired apparently does not know the law...
4 Answers
- Anonymous1 decade agoFavorite Answer
It would be legal to discharge someone wh falsifies an application for employment.~~
- STEVEN FLv 71 decade ago
You can't legally be fired for a disability, disclosed or not. You CAN be legally fired for not being able to perform the 'essential functions' of the job. As this term is deliberately vague, and we know NOTHING about the job in question or your actual abilities, we can't give an answer specific to your individual case.
- Anonymous1 decade ago
Of course, because that would indicate you LIED on the application....you can also be fired if you fail the fitness test if it tests your ability to do something REQUIRED for the job! The ADA only protects disabled folks from discrimination....it is NOT "discrimination" to fire someone who is incapable of performing the task they were hired to perform!
- ?Lv 51 decade ago
Of course. If you lie, then of course you can be fired, especially since it is something that will affect how you work.
