Can someone be disqualified for a position due to a non-permanent injury?

I was in a motorcycle accident in September and just recently returned to work as limited duty. As I heal these limitations will be lifted. I applied to a different position than the one I held before the accident and I feel the reason they are trying to disqualify me is because I’m still injured and not fully released. Otherwise I’m more than qualified to fulfill the position.

Asked on March 5, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Can you do the core or important functions of the job NOW? If you can't, they can disqualify you. Whether the limitations will be lifted in the future is irrelevant: they do not need to give you a position you cannot do when you apply for it.
On the other hand, if you can do the core functions of the job, then a refusal to consider you may be illegal disability-based discrimination. If you think that is the case contact the federal EEOC about filing a complaint.


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