Medical history

What is the name of your state? KS

I heard that employers are not tending to by pass canidates for employment due to their medical conditions. Isn't this illegal and second, how would they find out what your medical history is?

lexi48 said:

What is the name of your state? KS

I heard that employers are not tending to by pass canidates for employment due to their medical conditions. Isn't this illegal and second, how would they find out what your medical history is?

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My response:

No, it's not illegal. As for your second question, if during the interview process you clutch your chest in agony, it's a good bet they won't hire you with a heart condition.

IAAL

Good question

StanfordLaw1 said:

My response:

No, it's not illegal. As for your second question, if during the interview process you clutch your chest in agony, it's a good bet they won't hire you with a heart condition.

IAAL

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Here is some interesting reading material regarding your question.

http://www.workrights.org/issue_medical/mp_legislative_brief.html

I am a Nurse. I am not an attorney nor am am I employed in Human Resources. So any info is provided due to my experiences with working in the USA workforce.

This website has lots of info on what is really happening in the USA workforce.

Side note: And golly gee IAAL AKA StanfordLaw1 Are you not in trouble with the moderator for your comments to people that come to this site for info? Why do you keep changing your handle? And what kind of response was that?

how would they find out what your medical history is?

Precisely. How WOULD they find out what your medical history is? It's not a matter of public record and your doctor is forbidden by law to provide it without your written approval.

Since clearly they CAN'T get your medical history, obviously the first part of your premise is in error.

KS.

Thank you for your answer cbg. I did not think they could get that info. I am not sure how they could bypass a potential employee due to medical reasons since I don't know how they would know, with the exception of doing a drug test. I do have a good friend who lost her job in April and got a good severence package and is waiting for her unemployment to run out before she starts looking...she lives at home so has no bills except for when she goes out. This friend I would say probably weighs around 300 or over. She does have medical conditions, which they obviously can't find out about but I think her weight could keep her from finding a job as they would most likely suspect medical problems. But, then that is not my problem.

cbg said:

how would they find out what your medical history is?

Precisely. How WOULD they find out what your medical history is? It's not a matter of public record and your doctor is forbidden by law to provide it without your written approval.

Since clearly they CAN'T get your medical history, obviously the first part of your premise is in error.

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My response:

Boloney!

If signing a HIPAA Authorization and divulging the names and addresses of all doctors is part of the application/interview process, then the potential employer can, in fact, obtain medical records.

Not illegal to do.

IAAL

Katrina is not an attorney. She is a nurse who came to this forum looking for an answer that was not legally available to her. When she did not receive the answer she WANTED to hear, she turned her attention to bashing the United States, it's laws and those on this forum who offered legitimate advice based on those laws.

If you feel the need to take legal advice from a disgruntled employee with no comprehension of the law, it's application or how it may affect you, then you will receive no further answers from qualified attorneys or professionals who offer their advice free of hidden agendas.

It's your choice.

Thanks again Belize

BelizeBreeze said:

Katrina is not an attorney. She is a nurse who came to this forum looking for an answer that was not legally available to her. When she did not receive the answer she WANTED to hear, she turned her attention to bashing the United States, it's laws and those on this forum who offered legitimate advice based on those laws.

If you feel the need to take legal advice from a disgruntled employee with no comprehension of the law, it's application or how it may affect you, then you will receive no further answers from qualified attorneys or professionals who offer their advice free of hidden agendas.

It's your choice.

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You are absolutely correct BelizeBreeze. No doubt about the fact I did come looking for advice. Afterall that is the name of this forum. https://forum.freeadvice.com

And if you look in my posts, I thanked you for your "advice." And that is exactly what it is, "Advice."

If you by chance look at the bottom of this page that this post is on you will read the following......


"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding."

With that being the objective of this forum, I am simply voicing my opinions to other's who are enduring hardships due to my experiences with unfair labor practices.

Being a Nurse, I perceive the plights of many people that post to this forum in a different manner than you do. That is why many believe nurse's are considered kind and caring.

I admit, I am a Nurse. Nobody on this forum knows for sure what your profession is, as you have never acknowledged what you do outside of posting on this forum.

First of all, I find it so hard to believe that you reply to people in the manner in which you do. If you are in fact an attorney, you really do bring a diservice to your profession in the manner that you talk to people. I frankly am appalled at your level of unprofessionalism, your filthy mouth, your language. I will not elaborate any further, as I know that many people reading this know exactly what I am speaking of. What a diservice to the Legal Profession.

lexi48 said:

KS.

Thank you for your answer cbg. I did not think they could get that info. I am not sure how they could bypass a potential employee due to medical reasons since I don't know how they would know, with the exception of doing a drug test. I do have a good friend who lost her job in April and got a good severence package and is waiting for her unemployment to run out before she starts looking...she lives at home so has no bills except for when she goes out. This friend I would say probably weighs around 300 or over. She does have medical conditions, which they obviously can't find out about but I think her weight could keep her from finding a job as they would most likely suspect medical problems. But, then that is not my problem.

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Some medical conditions may be obvious like being obesely overweight, being blind, deaf. In your friend's case an employer may terminate without cause or reason even though it may seem obvious. It is not illegal. Now when an employee applies for ADA accommodations, they open themselves up to access their medical records on a limited basis which is a different can of worms. As is self identification.

StanfordLaw5 said:

My response:

Does that include me, too, you stupid piece of no-nothing crap?

IAAL

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I believe that you yourself have, quite eloquently, answered that question today.

Stanford Law5 is that single digit (1) you have indicated on your post earlier your IQ or the number of legal parents you have? For someone that is supposed to be giving compassionate advice you seem in sad lack of it. My man do you need a side bar with a duct tape dispenser. Incidentally after seeing thousands of lawyers in front of me do you seriously think anyone believes you have any legal experience or expertise?

And as for the other motor mouth Belize breeze well you need to have your Bulbourethral glands checked I think. The problems they are causing you may explain your behavior. If it is due to them, then I beg your pardon and offer you my sorrow my man. Play with those Glands and get them back in shape and leave you venom filled typing fingers massaging your Bulbourethral glands where they belong.


Just wondering about those things guys. Happened to be searching about and came across this whacked out site. Just could not resist putting my toe in the water.

I know this post is a bit critical but I think you tough guys can take it, at least you can give it out. You guys sort of remind me of Bill O'Reilly and his holier than thou attitude.