Can my employer deny me employment after making me an offer because of the presence of self-cutting marks?

Asked about 2 years ago - Hawthorne, NJ

Recently I applied for a position and I was made an offer, which I accepted. Now I am required to have a post-offer physical exam.. I am quite phobic of visiting doctors because of my PTSD due to childhood abuse, so the prospect of this exam is causing me a lot of anxiety. My question is this: I have a history of self-cutting. If my cutting marks are discovered during the post-offer physical exam and I am asked about them, what should I say? And, can my employer deny me employment after making me an offer because of the presence of self-cutting marks?

Attorney answers (2)

  1. Herbert J Tan

    Contributor Level 17

    6

    Lawyers agree

    Answered . Depends on whether the self cutting is an indication of a disability or handicap. If so, and their decision was based upon your disability or handicap, then such would be discrimination based upon perception of handicap or handicap itself. However, a proper analysis of your case cannot easily be determined in this forum. I would suggest that you consult and experienced labor and employment attorney to assess your case.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

    The National Newark Building
    744 Broad Street, 16th Fl.
    Newark, New Jersey 07102
    (973) 735-2681 (W)
    (973) 735-2682 (F)

    Manhattan Office
    305 Broadway, 14th Floor
    New York, New York 10007
    (888) TAN-LAWS

    Member of National Employment Lawyers Association (NELA)

  2. Colin M Page

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If the scars are not relevant to your job, then there's a good chance that the doctor will not even ask about them. If the doctor does ask, you should probably answer truthfully. If all the scars are old, it seems unlikely that the doctor would even inform your employer. If the scars are more recent and you're currently having issues with anxiety, this may be a good opportunity to obtain treatment.

    As for your employment, your employer should not be making employment decisions based off of your scars. Since your self-cutting is likely to be associated with an anxiety disorder, doing so would likely constitute disability discrimination.

    Good luck!

    This information is provided for informational purposes only. This is not legal advice and this response does not... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,702 answers this week

2,980 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,702 answers this week

2,980 attorneys answering