Senate bill would open the door to lawsuits against small businesses
NFIB State Director Dawn McVea will testify before the House Labor Committee on Thursday, May 19, in opposition to Senate Bill 92, legislation that would open the door to costly legal action against small businesses that ask about a job candidate’s medical history.
“The more government involves itself in the hiring process, the more likely we are to see unintended and costly consequences,” McVea said.
“We believe that an employer’s hands should not be tied when it comes to asking relevant questions during the hiring process,” McVea said. “We see barring questions about a candidate’s medical history the same as prohibiting an employer’s freedom to ask about an applicant’s pay history.
“Our small business members take employee and customer health and safety seriously,” she said. “They strive to follow state and federal law, but this is a complicated issue, and our concern is that the legislation as written would create a new cause of action against small business owners.
“Small businesses are struggling to fill positions right now,” McVea said. “They don’t need additional hurdles when it comes to screening candidates or the cost and distraction of defending themselves against the unnecessary legal actions that are sure to arise from the overly broad, vaguely-worded bill.”