Ariz. Admin. Code § R6-3-52165 - Employer Requirements (able and Available 165)

Current through Register Vol. 48, No. 14, April 8, 2022

A. General (Able and Available 165.05)
1. An employer has the right to set certain requirements which must be met by an individual to obtain employment. The failure or inability of an individual to meet the employer's requirements, although indicating a lack of qualifications for a particular job, will not render him unavailable for work if there are no undue restrictions upon the acceptance of other employment for which he is reasonably fitted. Some employers may require that an employee be bonded; others require physical and mental examinations, possession of certain tools, doctor's certificate, automobiles, or other equipment. Whether failure to meet such requirements would effectively bar the individual from suitable full-time employment depends on the customary practices in the claimant's occupation in that labor market area.
2. The refusal of employers to hire a worker because of non-work related requirements such as age, marital status, race or religion, constitutes unreasonable discrimination and does not render the worker unavailable.
B. Physical status (Able and Available 165.2). When a claimant is unable to meet a particular employer's physical requirements, he may be presumed able to work if it can be established that he is able to perform work for which he is reasonably qualified in some recognized occupation which exists in the community. The claimant's inability to pass an employer's physical examination or to meet its insurance requirements, in itself, does not establish his inability to work.

Notes

Ariz. Admin. Code § R6-3-52165
Former rule number -- Able and Available 165. - 165.2. Former rule repealed, new Section R6-3-5 2165 adopted effective January 24, 1977 (Supp. 77-1). Amended effective May 8, 1979 (Supp. 79-3).

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