Employers have an understandable interest in hiring qualified and capable candidates for any given position. The law certainly honors this interest and grants employers a great deal of discretion in their hiring decisions. However, as long as the candidate is indeed capable of performing a given position's duties and meets several other basic criteria, the law also protects applicants and employees from various forms of discrimination. The grey areas where employer concerns and employee rights may potentially collide can be challenging scenarios to navigate for both parties.
Employment benefits vary from business to business. Some companies offer great healthcare options, others offer flexible working options. Some creative companies like Pixar even offer all you can eat cereal 24 hours a day. Increasingly, employers are offering wellness programs as potential benefits to employees. On face these programs seem like a win-win for employers and employees alike. But they are increasingly coming under legal scrutiny due to the potential employment discrimination consequences that some inspire.