Friday, March 20, 2009

Sounds Like the Thought Police to Me

Here is a bill that prohibits an employer from using health status or "believed illness or health condition" from consideration in employment decisions. So, I guess a prospect who is turned down for employment can accuse the employer of "thinking I was sick" and therefore refusing to hire. And what kind of "believed illness" are we talking about? Physical health, mental health, psychological health? And who will be the judge of these health conditions?

But, if that isn't bad enough, anyone who was turned down for a job can file a civil suit and recover damages from the employer.

Bottom line, you not only can't refuse to hire because the prospect or a family member is sick, but you can't refuse to hire because you "thought he was sick." This creative legislation must have come from a consortium of trial lawyers and labor lobbyists.

1 comment:

sue said...

The text of the bill appears to prohibit asking questions or taking action based on the health of the - family - of employee/potential employee. Not the employee/potential employee himself.
- I don't see the inherent harm in leaving the health of one's family private. The employer would still be allowed to ask for verification to prove that the employee was eligible to take sick or family medical leave time off from work.