Medical Information

What is the name of your state? KS

I just applied at a temp. agency. I was asked to fill out a form that asked a bunch of medical questions. I, along with some other people who have been supervisors that I am friends with feel this is illegal. I feel that if you have a medical condition that won't affect your work, then the employer has no right to know. And if it would be legal, do you have the right to skip over any quesitons you do not feel they have the right to know?

What were the medical questions? If it is a staffing agency and they ask if you have HCV or HIV or etc... then they may not want to accept the liability of placing you in certain jobs...?

lexi48 said:

What is the name of your state? KS

I just applied at a temp. agency. I was asked to fill out a form that asked a bunch of medical questions. I, along with some other people who have been supervisors that I am friends with feel this is illegal. I feel that if you have a medical condition that won't affect your work, then the employer has no right to know. And if it would be legal, do you have the right to skip over any quesitons you do not feel they have the right to know?

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That certainly sounds ill-advised but it may not be illegal. We'd need to know exactly what medical questions they asked.

Medical history

KS

Things such as allergies, asthma, injuries, mental/nervous, what meds you were taken, heart related questions, what meds you are allergic to. Those type of questions. I do understand why some of the questions may be asked, but they could be asked in a less invasive way such as...Would you be able to lift 50 lbs or something. They deal mostly with office jobs. I do not see what meds you are allergic to, or what allergies you have or mental/nervous conditons you might have. Then I think any medical questions should be individually asked on a job related basis. I am allergic to 2 different meds, neither of which would be of any condern to a job.

Those are really bad questions to be asking as it can result in the company having some major exposure under the Americans with Disabilities Act. Employers are prohibited from specifically asking a candidate whether he or she has a disability until after a job offer is made. The only appropriate question an employer should ask pre-offer is "can you perform the essential functions of the job with or without a reasonable accommodation" after the job has been shown or explained to the applicant.

Not all those conditions the employer is inquiring about would meet the definition of a disabilty under the ADA but some certainly would if the medical condition were severe enough. This employer is playing with fire.

Anyway, going back to your initial question as to whether you have the "right" to skip over questions you feel they don't have any right to know, the answer pretty much is no. If I were presented with an application like that, I would discuss those questions with the hiring manager/recruiter and pleasantly voice my concerns about answering them and explain why the company shouldn't be asking them.

I have a question. Was this medical information asked with regards to any health insurance? In some states, insurers covering some smaller groups are still allowed to ask that sort of question with reference to underwriting issues.

Good point, cbg - if this were for group health underwriting purposes, it certainly would be legal - but it appears the poster hasn't even been hired yet. Consequently it seems that it's part of the employer's hiring/candidate screening process.

lexi, can you clarify?

Medical history

Yes, it was thru a temp. agency during the initial interview process. It was not at all related to any job they had to offer. I can understand certain questions are legal and need to be asked as Beth said but this was a generalized interview. What drugs I am allergic to has nothing what soever with any job they would place me in. Neither would mental/nervous for that fact. I felt resentment answering the questions. They also asked you to list what medications you were taking. Why would they need to know that information? I was once told that if they were going to do a drug test, which alot do these days, and you were taking any medications, you could reveal that information to the lab in case there could be something showing up in the drug test that could be related to what you are taking. But that the lab was not allowed to reveal that information to a potential employer. That they could only say if you passed or failed the drug test.

Here is a website with Useful information!

http://www.workrights.org/issue_genetic/gd_brave_new_speech.html

This web-site has tons of useful info that is going on in the American Workforce, and ways to change the craizness!



Good-luck!