An attorney who represents injured workers before the State Industrial Commission wants the three commissioners to investigate the practice of employers using workers' compensation records in their process of pre-screening applicants.
Jinks Dabney wrote the commission a letter and included three stories from the Workers Compensation Monthly and the Wall Street Journal about the increasing practice of employers using accident records to decide if they would hire potential employees."The articles strongly suggest the specter of employees being `blacklisted' because of prior industrial accidents, all of which raises the further specter of unlawful employment discrimination under federal and state law," Dabney wrote.
In talking informally to some commission employees, Dabney said they note that many Utah employers are submitting requests for information and records concerning industrial accidents, and are using medical releases signed by injured workers to do so.
Dabney said he is concerned the material could not only be used by employers to decide not to hire someone with a previous injury, but use of the material could affect rehabilitation of injured workers.