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| *Ostroff, Fair and Company>>>Law & Legal |
Can an employer not hire you because you cannot meet lifting requirements? |
I have three herniated discs in my lower back. The jobs that I would like to work seem to require lifting some amount of weight which I cannot. Should I even apply? I don't want to settle for a desk job because my back can't tolerate sitting for long periods of time. Yes, if lifting is a bona fide occupational requirement that constitutes large part of the job, it is permissible to disqualify applicants who cannot meet that requirement. If lifting is a minor part of the job - for example, a retail clerk who every now and then has to lift something off of a shelf in the back room), then the employer cannot disqualify an individual based on their inability to lift. The employer must be prepared to make "reasonable accommodation" (i.e., sending someone else to the back room) in order to accommodate the applicant's condition. yes they can If it is the job requirement, your employer doesn't have to hire you. That is absolutely a valid reason for not hiring you. You have to be able to do the job to be eligible to be hired for it. Specific jobs have specific requirements to perform the job. If lifting is part of the requirement and you are not able to or willing to perform that part of the job, then they can make a determination not to hire you based on not being able to perform the functions of the job. If they had a typing job and you could not type... they would not hire you... same difference. Yes. If they specifically ask that you be able to lift and certain weight. Examples of companies that will ask are UPS, Home Depot, etc. I worked part time at Home Depot and in my interview I was asked this question. You can be refused employment based on a Bona Fide Occupational Requirement. If you want a job that doesn't require sitting or lifting, maybe there's a nice restaurant that needs a seating hostess. If you're of age, you could learn bartending. There are lots of such jobs, just look around and what other people are doing. |
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