Can a person be denied employment for high blood pressure?

from a pre-employment physical? This person will not be covered by the company's medical insurance benefits anyway. Is this legal?

Can a person be denied employment for high blood pressure?
ß Pre-offer: Before making a job offer, employers may not make any disability-related or medical inquiry or require an applicant to take a medical examination.





ß Post offer: After making a conditional job offer and before an employee starts work, employers may make unrestricted medical inquiries and require medical examinations, but may not refuse to hire an individual with a disability based on the results of such inquiries or examination, unless the reason for rejection is job related and justified by business necessity.





ß Employment: After an employee has started employment, employers may not make medical inquiries or require medical examinations unless the inquiry is job related and consistent with business necessity.








ß May an employer ask an applicant whether he/she can perform the job?





Yes. An employer may ask an applicant whether h/she can perform any or all job functions, including whether h/she can perform specific job functions “with or without a reasonable accommodation.” For example, an employer may state, “this job requires you to lift 50 lb. bags. Can you do that?” or “Can you do that either with or without a reasonable accommodation?”





However, an employer cannot ask a question in a manner that requires the individual to disclose the need for an accommodation. For example, an employer cannot ask during an interview, “Do you need an accommodation to do this job,” or cannot ask on a job application “Can you do these functions with_____ without____ reasonable accommodation? (Check one).”








ß May an employer ask applicants about their lawful drug use?





No, if the question is likely to elicit information about disability. Many questions about current or prior lawful drug use are likely to elicit information about a disability, and are therefore impermissible at the pre-offer stage. For example, questions like, “What medications are you currently taking?” or “Have you ever taken AZT” certainly elicit information about whether an applicant has a disability.








Although medical examinations cannot be required and medical inquiries cannot be made before employment is offered, after giving a job offer, an employer may perform medical examinations and ask disability-related questions.





ß Post-offer medical inquiries and examinations need not be job related.





ß Employers may require a comprehensive, unlimited in scope medical examination and may ask about an individual’s workers’ compensation history, prior sick leave usage, diseases, impairments and general physical and mental health.





However, all applicants for that same job category must be given the same examination or be subjected to the same inquiries.





And, the job offer must be a real job offer, meaning the employer has evaluated all non-medical information.








A job offer can be made contingent on the results of a medical examination or medical inquiry. (See below, The Use of Medical Information Obtained During the Hiring Process).





However, the job offer can be contingent only on the medical examination/inquiry. If there are other conditions, such as completion of a background check, the offer is not considered a real offer and a medical examination cannot lawfully be conducted.





Therefore, any decision not to hire a person based on a specific medical condition must be based on:





(1) How the medical condition actually limits that person’s ability to perform a major life activity, such as working;





(2) Whether there are reasonable accommodations that would enable the person to perform the essential job functions; and





(3) Whether there is a direct threat of substantial harm to the applicant or others.
Reply:It would depend on the type of job they are applying for It is legal for them to be denied insurance coverage.
Reply:yes, pre-employment physical is to determine whether or not a person is physically able to do the work required without injury. if the person has high bloodpressure and has a stroke or heart attack or something at work the company could be held liable.
Reply:That would be highly illegal. The insurance company (if used) might consider it a pre existing condition and not cover it though.