If an employer hires an employee with pre-existing arthritis, can the employer enforce a waiver excluding responsibility for this condition?

• A. This is acceptable
• B. This is not acceptable
• C. This is not enforceable
• D. This is against public policy

Answer: (C)

The correct choice is grounded in the principles of fairness and equity in employment practices. Employers cannot enforce a waiver that excludes responsibility for a condition that an employee had before their hiring, especially in cases involving health conditions like arthritis that can affect an employee's work. Such waivers would generally be considered unenforceable as they may lead to discrimination against individuals with disabilities or pre-existing conditions.

Moreover, legal statutes often protect employees from discrimination based on health issues, ensuring that individuals are not denied employment opportunities or subjected to undue burdens because of their medical history. Allowing employers to enforce such waivers would undermine these protections and could discourage individuals from seeking necessary employment due to fear of losing their rights.

This rationale aligns with laws designed to promote a fair and equitable workplace, ensuring all employees, regardless of their pre-existing conditions, are treated with respect and dignity.