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Old 04-18-2019, 11:22 AM
 
Location: Pacific Northwest
316 posts, read 133,070 times
Reputation: 1448

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As macroy said; its not illegal to ask the question on the form, it would cross into illegal if they used that information to deny you employment simply based on the question or if they further discriminated or mistreated you based on the information you provided.

Personally I've seen questions pretty similar to this in places that may hire masses of people to do a variety of jobs or places that are labor intensive that will require accommodations if the person has certain health issues. It seems to be used as a filter mainly in today's employment circles. People either bounce out of the application if they do have health issues or if people answer no/not answer the company is cleared for firing you if you call in sick or have health issues as you never disclosed them therefore they aren't discriminating against your health conditions.

You did mention it was for a ballpark, which could mean it's actually being used for the reverse situation, they ask the question to better help those with health issues and disabilities from the get go. Ballparks in my area (PNW) are notorious for hiring individuals with a variety of health and physical disabilities, and this question is common to actually help the hiring manager's place those individuals in positions first that best fit their abilities since they have to accommodate disabilities. So it's not always asked for negative purposes; if they plan on accommodating those with disabilities right away it's one way to get that info right up front if the hiring process is shorter as some short term or seasonal jobs.

As with all employment legal issues, an employment lawyer could give you a better idea of what crosses the line and such. And if you did feel discriminated against you would have to provide proof that the discrimination was based on you answer.
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Old 04-23-2019, 10:22 AM
 
20,559 posts, read 16,625,375 times
Reputation: 38614
Quote:
Originally Posted by musicfamly5 View Post
As macroy said; its not illegal to ask the question on the form, it would cross into illegal if they used that information to deny you employment simply based on the question or if they further discriminated or mistreated you based on the information you provided.

Personally I've seen questions pretty similar to this in places that may hire masses of people to do a variety of jobs or places that are labor intensive that will require accommodations if the person has certain health issues. It seems to be used as a filter mainly in today's employment circles. People either bounce out of the application if they do have health issues or if people answer no/not answer the company is cleared for firing you if you call in sick or have health issues as you never disclosed them therefore they aren't discriminating against your health conditions.

You did mention it was for a ballpark, which could mean it's actually being used for the reverse situation, they ask the question to better help those with health issues and disabilities from the get go. Ballparks in my area (PNW) are notorious for hiring individuals with a variety of health and physical disabilities, and this question is common to actually help the hiring manager's place those individuals in positions first that best fit their abilities since they have to accommodate disabilities. So it's not always asked for negative purposes; if they plan on accommodating those with disabilities right away it's one way to get that info right up front if the hiring process is shorter as some short term or seasonal jobs.

As with all employment legal issues, an employment lawyer could give you a better idea of what crosses the line and such. And if you did feel discriminated against you would have to provide proof that the discrimination was based on you answer.
I don’t know that it’s actually illegal to not hire someone based on health issues. For instance a job that has a requirement that you’ll be able to lift 50 pounds, is allowed to not hire you because you have herniated discs in your back. Theyre not going to hire someone that’s going to be on disability 6 months after starting.

I have to get physicals in my field (therapy). Whenever I sign on with a new company, they require a recent physical which shows I am physically fit enough to meet all job requirements. I’ve never seen these questions on a job application however. But the notion that employers have to hire you even if you are a disqualifying medical conditions is just simply not true. It’s not discrimination if they don’t hire someone who can’t lift 50 pounds due to some medical condition for a job that requires lifting 50 pounds.

I think there’s a lot of confusion surrounding ADA. ADA does not require employers that hire anyone with any medical condition regardless of field. ADA requires that employers make reasonable accommodations for employees with disabilities. If the job is such that no reasonable accommodation can be made, they are allowed to not hire you because of the disability. For instance a city is not required to hire a wheelchair dependent applicant for a firefighter position, as there is no reasonable accommodation that would enable that person to fulfill the job requirements. They would be within the law to say that’s the reason.

Aside from that, medical issues do not automatically qualify as disabilities.

And they may also have something to do with their health insurance carrier, I don’t know. I’ve never seen it on the application itself, although I have seen sections where they ask you to list medical conditions that might interfere with your being able to perform the duties of the job.
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Old 04-23-2019, 11:00 AM
 
6,584 posts, read 2,369,662 times
Reputation: 15127
Per EEOC


"
Pre-Employment Inquiries and Medical Questions & Examinations

The ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.
An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability). An employer also may not ask a job applicant to answer medical questions or take a medical exam before making a job offer.
An employer may ask a job applicant whether they can perform the job and how they would perform the job. The law allows an employer to condition a job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam.
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employeeís request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition.
The law also requires that the employers keep all medical records and information confidential and in separate medical files.
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Old 04-23-2019, 11:13 AM
 
Location: Pacific Northwest
316 posts, read 133,070 times
Reputation: 1448
Quote:
Originally Posted by ocnjgirl View Post
I donít know that itís actually illegal to not hire someone based on health issues. For instance a job that has a requirement that youíll be able to lift 50 pounds, is allowed to not hire you because you have herniated discs in your back. Theyre not going to hire someone thatís going to be on disability 6 months after starting.

I have to get physicals in my field (therapy). Whenever I sign on with a new company, they require a recent physical which shows I am physically fit enough to meet all job requirements. Iíve never seen these questions on a job application however. But the notion that employers have to hire you even if you are a disqualifying medical conditions is just simply not true. Itís not discrimination if they donít hire someone who canít lift 50 pounds due to some medical condition for a job that requires lifting 50 pounds.

I think thereís a lot of confusion surrounding ADA. ADA does not require employers that hire anyone with any medical condition regardless of field. ADA requires that employers make reasonable accommodations for employees with disabilities. If the job is such that no reasonable accommodation can be made, they are allowed to not hire you because of the disability. For instance a city is not required to hire a wheelchair dependent applicant for a firefighter position, as there is no reasonable accommodation that would enable that person to fulfill the job requirements. They would be within the law to say thatís the reason.

Aside from that, medical issues do not automatically qualify as disabilities.

And they also have something to do with their health insurance carrier, I donít know. Iíve never seen it on the application itself, although I have seen sections where they ask you to list medical conditions that might interfere with your being able to perform the duties of the job.
I was explaining it more as this; if an employer hired you knowing you needed to take medicine and gave you the impression that you would be able to continue taking your medication during your shift if a manager refused you a break to take the medication you and the hiring team have a backup to defend your position and protect the company against employee abuses. It's not for the employee as much as it's for the company and hiring managers to have a complete view of the employee and any potential "issues" or situations down the road if they hire.

If this was a general seasonal employee application as some places have, not all jobs you can be placed in will have the same responsibilities (office vs hard labor vs retail). For these open-ended applications I've seen questions like this to help the hiring managers assign positions based on the accommodations they can expect will be needed based on the conditions. No one is required to hire because of it, but if they do hire they (as well as the employee) will be responsible for addressing and acknowledging the condition they were made aware of.

It's a backup for both the employer and employee; everything has been addressed and is in the open. It has no tie to ADA, that would be specifically for disabilities and usually has its own form attached to applications that protects you against discrimination on that level. Questions like this are just for hiring managers to decide if the position will work, if the potential employee can fully perform the job, or/and how to assign duties, much like the "can you lift 50 pounds" and "what medications do you take that can affect your job" all rolled into one. It's a bit intrusive, but it forces you to either leave everything on the table or risk being let go with no penalty towards the company for failing to disclose issues.
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