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• Determine whether the individual satisfies the prerequisites for the position such as possessing the appropriate educational background, etc;
• Determine whether or not the individual can perform the essential functions of the position held or desired.

• An employer may not ask whether the job applicant has or had cancer or about treatment related to cancer prior to making a job offer.
• An employer can ask an applicant questions pertaining to the performance of the job (whether he can lift weight, can travel out of town; whether he/she can work rotating shifts, etc.)
• A person with cancer is permitted to request an accommodation after becoming an employee, even if she did not ask for one when applying for the job or after receiving the job offer.
• With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee.
• Telling co-workings that an employee is receiving a reasonable accommodation amounts to a disclosure of the employee’s disability.

• The overall financial resources of the employer;
• The number of persons employed by the employer;
• The nature and cost of the accommodation needed, etc.

Babette B. Bach and Fredric C. Jacobs both received peer reviewed AV ratings from Martindale-Hubbell, the highest rating attorneys can receive for both legal acumen and professional ethics.
Babette B. Bach, Esq.
Babette B. Bach, Esq. is an Elder Law Advocate and the founder of Bach Elder Law. Board certified by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA), she is chair of the Elder Law Section of the Florida Bar and has been practicing law for over 25 years.
"She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association."
Babette has used her specialization in Elder Law to become a legal activist for the elderly. She was co-counsel in Gerkin v. Reiger/Levine, a landmark civil rights class action lawsuit which earned her the prestigious award for “Outstanding Service to Florida’s Elderly” from the Florida Bar Association.  As a result of this lawsuit, the State of Florida was required to change their Medicaid Policy to provide coverage for all uninsured medical benefits to over 45,000 Medicaid recipients. This new policy resulted in the funding of approximately $ 52 million in new benefits to the poorest and sickest citizens of Florida.
As chair of the Elder Law Section for the Florida Bar, Babette stays abreast of the latest developments in Elder Law statewide and nationally. She frequently lectures on the legislative changes to governmental benefits affecting the elderly. In addition, as a board member of the Florida Gulf Coast Chapter of the Alzheimier’s Association, she is a staunch advocate for the increased support for research and services for those touched by the disease.
In June 2009, Babette began her service as chair of the Florida Bar Elder Law Section, an honor which recognizes her state-wide leadership in the unique practice of Elder Law.
"Babette has used her specialization in Elder Law to become a legal activist for the elderly."
Fredric C. Jacobs, Esq.
Fred has been an "av" rated attorney since 1976, holds a Masters degree in tax law and is Florida Board Certified in tax law. In addition to practicing law, he teaches estate planning, Federal taxation of estates, trusts and gifts, tax procedure and international taxation as an adjunct law professor at Stetson Law School, St. Petersburg, Florida.
Bach Elder Law benefits from Fred’s experience in income and estate taxation and estate and financial planning for the elderly. For many years he has counseled clients on how to hold, gift and bequeath assets and structure family and business transactions of every type in order to minimize the impact of federal and state taxation.
Fred has drafted and seen to the proper implementation of countless wills, living trusts, family limited partnerships, powers of attorney, guardianship declarations and other documents to meet the financial and tax planning needs of his clients. Clients value his extensive experience in how to avoid probate as well as in the administration of trusts and estates. As an educator, he has lectured and given seminars on the taxation of and planning for IRA, 401(k) and other pension distributions.
With his first job as a trial attorney with the Securities and Exchange Commission in Washington, DC., Fred has a deep background in securities as well as tax law He understands annuities, insurance products and other investments, including policy surrender issues and has successfully represented clients in arbitration proceedings against securities brokers and investment firms.
In the business area, Fred has represented small and medium sized businesses in all aspects of their organization and operation, including choice of business entity (corporation, s corporation, partnership, LLC), business acquisitions and mergers, buy-sell agreements, employee benefit and stock option programs, and employment and non competition agreements.
Fred is also experienced in real estate transactions, including tax free “like kind” exchanges, and serves as an approved attorney and agent for one of the largest title companies doing business in Florida.
Fred is admitted to practice in Pennsylvania and Florida, the United States Tax Court, the US Claims Court and the Federal District Courts and also regularly represents clients before the Internal Revenue Service.
“After 38 years in private practice, it is a privilege to be associated with Babette, the Chair of the Elder Law Section of the Florida Bar, and a knowledgeable, caring and vigorous advocate for the elderly,” says Fred.

Medicare Maze from the November 14-15 issue of the Wall Street Journal.
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