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> You can't be liable for a disability you don't know about, and I wouldn't assume he has one.

When it comes to employment matters, you can be sued by just about anyone for just about anything.

Opposing counsel can and will spin every fact that seems meaningless or innocuous. For example, the poster here indicates that he responded to the applicant through a personal email. This is not normal behavior, so you can bet a plaintiff's attorney would focus in on that and try to use it to suggest that the poster didn't response through his work email because he knew something wrong was being done.

Talk to any defense-side employment attorney and they'll all tell you the same thing: flimsy, baseless lawsuits are filed against employers every single day. But responding to a flimsy, baseless lawsuit costs money, and many of these lawsuits are settled because it's more cost-effective and expedient to pay to make the case go away.

Bottom line: taking action based on an unrealistic "you can't be liable..." attitude is extremely dangerous.




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