Are employers allowed to deny job applicants employment based on their medical condition?

In Washington, employers are not allowed to deny job applicants employment based on their medical condition. Washington’s Law Against Discrimination (WLAD) forbids employment discrimination based on a person’s medical condition. This includes past or present physical or mental illness, thestatus of being a disabled person, or any genetic testing. Generally, employers are not allowed to ask job applicants about their medical condition before offering them a job. However, WLAD does make exceptions. If a medical condition would prevent the applicant from performing a certain job, then the employer can deny the job based on the applicant’s medical condition. For example, if a job involves strenuous physical activity, then an employer can deny a job to an applicant who is not medically able to do the particular job. If an employer does deny employment based on an applicant’s medical condition, then the applicant can file a discrimination complaint with the Washington State Human Rights Commission. The employer would then have to prove that the medical condition was the reason for the denial of employment. If the employer is found guilty, a judge can order them to offer the job to the applicant, and may also award compensation for damages suffered due to the discrimination.

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