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Old 04-17-2019, 11:47 PM
 
9,266 posts, read 11,863,643 times
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Quote:
Originally Posted by C24L View Post
No.
Humm, with the possible exception of food service, I really can't think of any reason to be asked a blanket non qualified question on your health conditions. On my candidate profile forms, we have a few areas that relate to the candidates medical/health but they are qualified to the duties.
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Old 04-17-2019, 11:57 PM
 
17,319 posts, read 10,231,722 times
Reputation: 28856
nope
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Old 04-18-2019, 05:42 AM
 
Location: NC
2,155 posts, read 1,171,994 times
Reputation: 5290
I've seen questions that asked "are there any health conditions that might affect your ability to do this job and if so, please list them", but never saw one that just flat out asked to have all health conditions listed.
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Old 04-18-2019, 07:58 AM
 
Location: Midwest
42 posts, read 13,899 times
Reputation: 113
I haven't applied for a job for decades so the legalities have probably changed. If I thought a question was inappropriate in application or in interview, I responded vaguely or declined to answer, knowing I would risk not getting the job. But also suspecting this was not a place I want to work. I once chose to not complete an application and moved on. I once told an interviewer I was sure he didn't want to put me in position of answering an illegal question. I once thanked an interviewer for his time and left.
For your questions, you could have answered that you are aware of no health conditions that would prevent you from performing the job duties.
Remember that the prospective employer also has to pass your interview of them.
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Old 04-18-2019, 08:04 AM
 
Location: Wayne,NJ
1,352 posts, read 967,987 times
Reputation: 1825
Quote:
Originally Posted by Sydney123 View Post
It’s not a HIPPA violation for someone to release their “own” medical information. Nor do I believe that asking someone to voluntarily supply their own info is a violation. If they went to his doctor and his info was released...it would be a HIPPA violation.
In the context of calling in sick to your employer. "Hi boss, I won't be in today, I'm not feeling well."

If your boss says what's wrong, they are starting to violate HIPPA. Worst case scenario, "Gee boss, it's complications from HIV." Then somehow it's all over the office, it's the same for cancer, or other things.

It's NONE of your employers business what is wrong with you. If you are going to undergo long term treatment for something that would cause you to miss a lot of work, you may notify your employer of that to be courteous, but how many employers would then find a reason to get rid of you. All that treatment is going to drive up their healthcare costs, along with missed work.

I don't believe it was legal for the application the OP filled out to be asked those questions. Just like in the 60's they would ask about draft status.
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Old 04-18-2019, 09:13 AM
 
Location: Tennessee
23,634 posts, read 17,606,575 times
Reputation: 27701
The fact that they merely asked for the information is not illegal. It is, however, incredibly short-sighted.
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Old 04-18-2019, 10:05 AM
Status: "Disagreeing is not the same thing as trolling." (set 16 days ago)
 
Location: Texas
9,636 posts, read 3,682,460 times
Reputation: 19770
The fact that the company puts this question, in writing, on a job application could be used against them if someone wanted to make a discrimination claim. It could simply be presented to the EEOC who could use it in a case against the business.
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Old 04-18-2019, 10:29 AM
 
Location: HoCo, MD
4,353 posts, read 8,001,473 times
Reputation: 4764
First - is HIPAA, not HIPPA.

I think the OP needs to provide the exact verbiage. As other's have mentioned, they may simply want to know if additional accommodations are necessary.

In general - questions are NOT illegal. Meaning I can ask you if you are married, what your religion is, what your sexual orientation is, etc. during an interview. At this point, I have broken no laws. However, I would be extremely foolish to ask these questions as they can be used to bring a discrimination suit against me.

So to answer the OP - them asking the question is not illegal.

As for HIPAA - I'm not a lawyer, but I've done a lot of compliance/cybersecurity work with regards to HIPAA. For the most part - my understanding is that HIPAA is mainly for healthcare facilities (Covered Entities) and businesses that support them (Business Associates). Your manager blabbing that you had surgery and ended up with HIV due to a bad blood transfusion (after you offered this to him/her on a call) isn't covered by HIPAA.
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Old 04-18-2019, 11:00 AM
 
Location: Brooklyn,NY
10,614 posts, read 13,165,203 times
Reputation: 16174
Quote:
Originally Posted by Rabrrita View Post
Humm, with the possible exception of food service, I really can't think of any reason to be asked a blanket non qualified question on your health conditions. On my candidate profile forms, we have a few areas that relate to the candidates medical/health but they are qualified to the duties.
I agree here. I've only seen a general broad question that ask if there are any conditions that can affect the daily duties. It sounds. Strange what the OP encountered. It definitely call fall into illegal question territory.

A large percentage of people have at least one medical condition. This can range from allergies to physical problems to mental health. Anxiety, stress depression and substance abuse are common especially in today's world. Point is people live and work with all kinds of condtions from the major to the minor. Do they have a bar set for it that company?
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Old 04-18-2019, 11:06 AM
 
1,226 posts, read 525,192 times
Reputation: 2237
Just don't answer that section. What's the worst that can happen? It's not like they have access to your health history
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