Is this question legal?

[AgentJean]

There is this section on a job application i'm filling out.

Health record. How much time have you lost from work or school during the past three(3) years due to accidents or illness(include time lost for colds ect and sick days at home if during periods of unemployment) They then ask for the year, days lost and nature illness/accidnett The last question wants to know if there is any work my physical condtion prohibits.

I thought medical questions of this nature were illegal.

 

[Sphexi]

So lie? How are they going to check that exactly?

 

[Codewiz]

I do not believe that medical questions are illegal to ask. They just can't get access to your medical records.

 

[imported_sicko]

That shouldn't be legal.

 

[Wapp]

Just put down spontaneous dental hydroplosion.

 

[AgaBoogaBoo]

Originally posted by: sicko
That shouldn't be legal.

Why?

Yeah, it's a PITA to spend some time thinking about that and it might be kind of stupid to ask for information on each incident, but why should they not be entitled to know? Maybe they've noticed something they're trying to avoid or just be clear of that they weren't in the past? Maybe they had some studies done and find it to be beneficial to ask to his or can relate this to some kind of useful statistic?

It's hard to know why or anything - it's legal though, so I'd just answer it.

 

[TheGizmo]

Originally posted by: Codewiz
I do not believe that medical questions are illegal to ask. They just can't get access to your medical records.

Originally posted by: Sphexi
So lie

 

[GoPackGo]

Lie.

They can call but any employer that gives that out risks being sued under HIPAA

 

[SirStev0]

I am sure they are walking some legal line. It probably should be illegal.

 

[Double Trouble]

They can ask anything they want, but they can get in trouble if they use certain information in the hiring decision. Frankly, I'm really surprised any company would open themselves up to potential discrimination suits with such questions. Is this a large company, or some small outfit? I'd think any reasonable-sized corporation with a legal dept would be much more careful about possibly inviting discrimination suits.

They can (and should) ask if there is any work you are unable to do because of a physical condition. For example, if you can't lift 30 pounds because of a back problem, and the job requires you to lift heavy things frequently, you will not get the job.

I'd just put: "There are no health or physical limitations that prevent me from performing my duties as <insert job here>", and not include anything on health record.

 

[AgentJean]

Originally posted by: tagej
They can ask anything they want, but they can get in trouble if they use certain information in the hiring decision. Frankly, I'm really surprised any company would open themselves up to potential discrimination suits with such questions. Is this a large company, or some small outfit? I'd think any reasonable-sized corporation with a legal dept would be much more careful about possibly inviting discrimination suits.

They can (and should) ask if there is any work you are unable to do because of a physical condition. For example, if you can't lift 30 pounds because of a back problem, and the job requires you to lift heavy things frequently, you will not get the job.

I'd just put: "There are no health or physical limitations that prevent me from performing my duties as <insert job here>", and not include anything on health record.

They are a regional bank.

CHA CHING 😀

They are allowed to state a position requires lifting of X pounds. If said position doesn't require lifting(lets say it;s a chair warming job) they have no right to know someone can't lift 50 pounds.

 

[FoBoT]

my WAG is that they can ask you to volunteer the info, but they can't get it from past employers or your doctors

i would put something very vague that is true and leave it at that. i doubt they would push you on it since it would be totally voluntary on your part to provide any info at all

 

[Dualist]

Try to answer it as truthfully as you can, if not then take a guess at it. I bet they ask folks that question so that they're aware about the health conditions they have, and to ensure safe working conditions.

 

[AccruedExpenditure]

It depends on what job you're applying for.

 

[LordNoob]

Altogether this seems like it may be a violation of the Americans with Disabilities Act.