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Worker Can't Prove Disability Discrimination From Inquiry Into History of Comp Claims

By WorkCompCentral

Friday, December 14, 2018 | 0

A California appellate court ruled that a man could not establish a viable disability discrimination claim based on an employer’s failure to offer him a job after a background check revealed he had a prior workers’ compensation case. Case: Alvarez v. Peerless Building Maintenance, No. B284465, 12/12/2018, unpublished. Facts: In March 2016, Miguel Alvarez applied for a job with Peerless Building Maintenance. When he submitted his application, Alvarez could perform the duties of a janitor and had no work restrictions. He did not request, and did not require, any accommod...

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