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As for a physical, the physical examination has to be limited to the scope of the job you will be performing. Reasons for denial have to be because you have a condition, or lack a condition necessary to perform the job. As for surgeries, usually it is not the surgery itself, but the cause for the surgery that would be the concern.
If you have had prior spinal surgeries, the physician and the employer would be concerned if you were applying for a job involving heavy lifting. If your surgeries indicate that you may have weakness in your limbs or limited motor skills, the employer may be concerned about your ability to operate a construction crane or perform brain surgery.
If you had your appendix removed twenty years ago, an employer wouldn't be concerned about that because neither the surgery nor the lack of appendix would prevent you from doing your job.
I agree with this. In my previous position we sent an otherwise qualified applicant for a pre-employment physical. Unfortunately we had to withdraw the employment offer after we found out that had double hernia operation. The job he had applied for required a lot of lifting.
Legislation to Prohibit Use of Credit Histories in Hiring Decisions
If you are concerned about a credit check harming your chances of employment, there is federal legislation pending in the house of Representatives [HR 3149] that would prohibit the use of credit checks in hiring process -- except for certain types of jobs where financial responsibility is a significant component of the responsibilities.
The bill is still in the House Committee on Financial Services since it was introduced on July 9, 2009.
If you support it, urge your Congressional Representatives to include it in an upcoming jobs creation bill.
Quote:
Originally Posted by diorgirl Many employers currently use credit reports when they’re hiring or promoting employees, especially employees being considered for financial and top-level positions. Several late payments or too much debt could indicate irresponsibility or likelihood to extort money from the company, and could result in an applicant being turned down for the position.
In July this year, the Equal Employment for All Act was introduced in the House of Representatives by Congressman Steve Cohen (D-TN) and a group of 34 other Democrats. The bill proposes to stop employers from using credit checks to make "adverse employment decisions." The House Committee on Financial Services is currently reviewing the bill.
"Financial problems reflected on a negative financial report often stem from circumstances outside of the person’s control such as medical problems, illnesses, or layoffs," said Congressman Cohen in a press release. "It is unfair and makes no sense to further penalize those job seekers who want to work hard but have had financial difficulties by denying employment solely on the basis of their credit."
Congressman Luis V. Gutierrez (D-IL), one of the co-sponsors of the bill, is the chairman of the Subcommittee on Financial Institutions and Consumer Credit.
If passed, the law would amend the Fair Credit Reporting Act (FCRA), the Federal law that guides the updating and usage of credit reports. The FCRA currently allows employers to run credit checks, but requires them to get a signed written consent form from the applicant. If adverse action is made because of information in the consumer’s credit report, that person has the right to dispute the information and reapply for the position.
The new law would prohibit employers from checking credit reports, even if the employee signs a consent form.
There would be some exceptions with the new law, keeping it legal for employers to use credit reports in certain situations. Credit reports would continue to be used for positions that require national security or FDIC clearance, jobs with state and loan government agencies that already use credit reports, and certain positions at financial institutions. Credit reports may be used for employment purposes in other positions as required by law.
A number of civil rights groups have endorsed the new legislation including the National Consumer Law Center, National Employment Law Project, National H.I.R.E. Network, the Leadership Conference on Civil Rights and the NAACP.
If you are concerned about a credit check harming your chances of employment, there is federal legislation pending in the house of Representatives [HR 3149] that would prohibit the use of credit checks in hiring process -- except for certain types of jobs where financial responsibility is a significant component of the responsibilities.
The bill is still in the House Committee on Financial Services since it was introduced on July 9, 2009.
If you support it, urge your Congressional Representatives to include it in an upcoming jobs creation bill.
Why shouldn't an employer check a credit report as a way to see if you are a responsible person, to find out if they are going to be put in a position of garnishing your wages to pay off your debts or to ascertain the likelihood that you might be tempted to steal to pay off debt or be tempted to give up company secrets for money?
Why shouldn't an employer check a credit report as a way to see if you are a responsible person, to find out if they are going to be put in a position of garnishing your wages to pay off your debts or to ascertain the likelihood that you might be tempted to steal to pay off debt or be tempted to give up company secrets for money?
As said above, the legislation proposes that for jobs with financial responsibility or security clearance, credit checks would still be allowed. No need for the high horse.
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