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Involuntary Commitment

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quincy

Senior Member
I was just wondering because I was looking at the equal employment opportunity act and was wondering how they could even possibly discriminate a candidate for having a disability if they don’t have access to medical information
If you ask an employer for an accommodation for a disability, you will need to support the need for this accommodation. This means you may need to supply your employer with medical documentation. This does not mean you must release your medical records.

In addition, if you are injured on the job, you might be required to release some medical records to determine if there was a preexisting medical condition that could affect worker’s compensation benefits.

But the release of any of your medical records are done with your authorization only.

Please do not make worry over one hospital visit consume your job search. It should not be a concern.
 


PayrollHRGuy

Senior Member
Can I ask what does show up on pre employment checks?
That really depends on how the check is done and who does it.

A commercial criminal background check as is used most often by employers will usually show misdemeanor and felony convictions for the past 7 years. To be clear on this if you were convicted 17 years ago and served a 10-year sentence it would still show because the 7 years don't start until the sentence ends. They also generally check and see if you are on the sex offender list.

Some employers pay more and commercial services will check pretty much everything on your application/resume. Education, work history, and such. I once, while the President of a local gun club, received a call to check and see if an applicant was actually the past Vice President from a commercial background service.

Many, if not most, employers check things like work history themselves if they check it at all.

With all that said there is a lot of variation among commercial services and even more between employer. But in 100% of the cases, it isn't going to show any mental or physical health-related issues.
 

PayrollHRGuy

Senior Member
I was just wondering because I was looking at the equal employment opportunity act and was wondering how they could even possibly discriminate a candidate for having a disability if they don’t have access to medical information
Because many disabilities are obvious when you meet a person. Also, people talk. Usually, more than they should.
 

Devosmajo

Active Member
Because many disabilities are obvious when you meet a person. Also, people talk. Usually, more than they should.
On applications they typically ask if you have a disability. If I wasn’t formally diagnosed with a disability am I allowed to put I do not have a disability
 

Zigner

Senior Member, Non-Attorney
On applications they typically ask if you have a disability. If I wasn’t formally diagnosed with a disability am I allowed to put I do not have a disability
That question is illegal and I would be surprised if it is "typically" asked. The more likely question is "Are you able to perform the functions of this job with or without reasonable accommodations?"
 
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PayrollHRGuy

Senior Member
On applications they typically ask if you have a disability. If I wasn’t formally diagnosed with a disability am I allowed to put I do not have a disability
I have to ask, have you actually ever applied for a job? I'm 57 years old and I don't think I've seen an application that asked that question. And for the last 20 years of that 57, it has been part of my job to read applications from many and various sources.

If you find such an application don't answer the question. For that matter don't even hand it back to them simply report it to the EEOC and post it here.
 

Devosmajo

Active Member
I have to ask, have you actually ever applied for a job? I'm 57 years old and I don't think I've seen an application that asked that question. And for the last 20 years of that 57, it has been part of my job to read applications from many and various sources.

If you find such an application don't answer the question. For that matter don't even hand it back to them simply report it to the EEOC and post it here.
I recently applied for an internship and it asked this so I was just wondering
 

quincy

Senior Member
One application for an internship does not equate to "typically". I assure you that you will NOT be asked about your medical history on the "typical" job application other than as Zigner has described.

ETA: THIS represents a "typical" job application. Please show me where you find any reference to medical history.

https://www.betterteam.com/downloads/job-application-form-template-download-standard-20170814.pdf
The only time I can think of offhand where a medical question would be asked on an application is when someone applies to be part of a medical (drug trial, etc) study.
 

Devosmajo

Active Member
Because we do business with the government, we must reach out to, hire, and provide equal opportunity to qualified people with disabilities(i). To help us measure how well we are doing, we are asking you to tell us if you have a disability or if you ever had a disability. Completing this form is voluntary, but we hope that you will choose to fill it out. If you are applying for a job, any answer you give will be kept private and will not be used against you in any way.
If you already work for us, your answer will not be used against you in any way. Because a person may become disabled at any time, we are required to ask all of our employees to update their information every five years. You may voluntarily self-identify as having a disability on this form without fear of any punishment because you did not identify as having a disability earlier.

How do I know if I have a disability?
How do I know if I have a disability?
You are considered to have a disability if you have a physical or mental impairment or medical condition that substantially limits a major life activity, or if you have a history or record of such an impairment or medical condition.

Disabilities include, but are not limited to:
  • Blindness
  • Deafness
  • Cancer
  • Diabetes
  • Epilepsy
  • Autism
  • Cerebral Palsy
  • HIV/AIDS
  • Schizophrenia
  • Muscular dystrophy
  • Bipolar Disorder
  • Major depression
  • Multiple sclerosis (MS)
  • Missing limbs or
    partially missing limbs
  • Post-traumatic stress disorder (PTSD)
  • Obsessive compulsive disorder
  • Impairments requiring the use of a
    wheelchair
  • Intellectual disability (previously called
    mental retardation)
 

quincy

Senior Member
Because we do business with the government, we must reach out to, hire, and provide equal opportunity to qualified people with disabilities(i). To help us measure how well we are doing, we are asking you to tell us if you have a disability or if you ever had a disability. Completing this form is voluntary, but we hope that you will choose to fill it out. If you are applying for a job, any answer you give will be kept private and will not be used against you in any way.
If you already work for us, your answer will not be used against you in any way. Because a person may become disabled at any time, we are required to ask all of our employees to update their information every five years. You may voluntarily self-identify as having a disability on this form without fear of any punishment because you did not identify as having a disability earlier.

How do I know if I have a disability?
How do I know if I have a disability?
You are considered to have a disability if you have a physical or mental impairment or medical condition that substantially limits a major life activity, or if you have a history or record of such an impairment or medical condition.

Disabilities include, but are not limited to:
  • Blindness
  • Deafness
  • Cancer
  • Diabetes
  • Epilepsy
  • Autism
  • Cerebral Palsy
  • HIV/AIDS
  • Schizophrenia
  • Muscular dystrophy
  • Bipolar Disorder
  • Major depression
  • Multiple sclerosis (MS)
  • Missing limbs or
    partially missing limbs
  • Post-traumatic stress disorder (PTSD)
  • Obsessive compulsive disorder
  • Impairments requiring the use of a
    wheelchair
  • Intellectual disability (previously called
    mental retardation)
Disclosure is voluntary. You are not being asked for access to your medical records.
 
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