Hippa

[fabulous07]

New York

I applied for a job recently and in order to be considered for the position I applied to, I had to sign a consent form releasing my medical information to them. It said if I didn't, I may not receive full consideration for the job.

This seems like a way for them to get around the HIPPA laws. My health information is supposed to be protected. Can they do this legally? It's an invasion of privacy.

 

[fabulous07]

Not to mention the 80 question questionairre I was required to fill out and sign asking about every aspect of my health.

 

[ecmst12]

HIPAA is exactly why they need your CONSENT to access your records. If you give consent, they have followed the law.

What type of job is it?

 

[fabulous07]

U.S. Postal Service. I know that the consent makes it legal for them to obtain it, but if every employer did this as a condition of employment, there'd be no purpose of having HIPPA since we are forced to disclose it if we want to work. It's not right that they are getting around the HIPPA laws this way.

I don't believe my health record is anyone's business and it should not be used to make a hiring decision. In a way, it opens the door to discrimination.

If I had a disability, how would I know that that didn't play a role in the decision made to hire or not hire me? If they are reviewing my health information before deciding to offer me employment, it must influence their decision.

By the way, the U.S.Postal Service is not the government either. It delivers mail in the United States, but it is a business and not considered part of the government.

 

[fabulous07]

I am pissed because I did not wish to disclose this information, but I need the job. I felt coerced into signing the consent since I would not get full consideration for the position for which I was applying if I didn't.

I don't believe they had a legitimate purpose for requesting this information either except to discriminate. If I couldn't physically perform the job. I wouldn't apply in the first place. I know what I'm capable of doing and that is personal information. I don't understand what they need it for.

 

[ShyCat]

If I couldn't physically perform the job. I wouldn't apply in the first place. I know what I'm capable of doing and that is personal information. I don't understand what they need it for.

Well, obviously not everyone is you. People do apply for jobs they know they cannot physically do. That's why they need it.

 

[fabulous07]

yeah well, they want releases to speak to any psychiatrists, therapists, and detailed information about your health that they don't need. Explain that one.

 

[eerelations]

Guess they don't wanna hire anyone who might "go postal" on them...

 

[fabulous07]

have you ever applied for a job you knew you couldn't do? Who does that? Not too many people I know would, that'd be stupid. I guess everyone's not YOU since no one does that

 

[fabulous07]

Yes, going "postal" makes sense, but is it their business to obtain that information that way?

 

[mlane58]

have you ever applied for a job you knew you couldn't do? Who does that? Not too many people I know would, that'd be stupid. I guess everyone's not YOU since no one does that

First off know what you are talking about. The number of people applyiong for jobs they are not even remotely qualified for has sky rocketed over the last year, so your statement that no on does it is false. As to your comment

but is it their business to obtain that information that way?

Yes it is their business to do so because it is their businessand as long as this done for every new hire accross the board, it is legal and whether you believe it is unfair, wrong , etc.... doesny make a difference, because, the bottom line is, it is legal.

 

[Zigner]

Yes, going "postal" makes sense, but is it their business to obtain that information that way?

Yes
(which bring us full circle...)

 

[fabulous07]

so if I had a disability and they chose not to hire me, I could have a case since they used my health information in the hiring process? right?

 

[fabulous07]

i would file a discrimination complaint with eeoc and if i won what could happen? would i get $ ?

 

[ecmst12]

You would need evidence that they did not hire you BECAUSE of the disability.