Can an employer ask?

Long Term Care Columnist / Guide · Nov 17, 2014

Wow, that is really invasive! Family history has nothing to do with the job---that is absolutely ridiculous. And remember, you don't give up your rights under HIPAA when you become a healthcare professional!

You need to ask what this information is to be used for, and who will be given access to it. If you don't like the answers, you may not want to work for that employer. The usual practice is to keep the information confidential to the employee health department and not your supervisor(s), but again, if you have something you'd really rather not disclose, make sure you know who can and can't see your medical records.

Personally, I would not work for a company that demands I furnish my health history. Not just because I have a few skeletons rattling around in my closet, but because forced disclosure is against my rights and I feel very strongly about that.

gassy2be · Nov 17, 2014

I was asked all that stuff but not until I was at employee health after being hired. Not sure if that's the norm. But I've never heard of that happening as just part of the application process.

IrishIzCPNP, MSN, RN, APRN, NP · Nov 17, 2014

I had to provide all that recently for a clinical site. I am treated like an employee when it comes to that stuff. I had to get a physical by their emoter health PA. I really didn't like it at all. It felt like an invasion of my privacy. I also make a choice to not see PAs for healthcare. Granted she was just "gathering" the entire situation rubbed me wrong. I had a physical by my doctor but that wasn't good enough.

HouTx, BSN, MSN, EdD · Nov 17, 2014

Hmm - I am trying to figure out how this could not be illegal. Per US Federal law, potential employers can only collect applicant information related to 'bona fide occupational qualifications' (BOQ)-- whether they are interviewing you or asking you to fill out an app. I can't possibly imagine any BOQ in which your family history or history of anesthesia would be relevant.

If you don't get the job, I suggest that you contact your local labor board and let them know what is going on with that company.

llg, PhD, RN · Nov 17, 2014

It is probably legal -- assuming that the information is not shared with the people making hiring decisions. It is common practice for hospital employees to have to undergo a required "health screening" as part of the pre-employment process -- and to even be screened for conditions that would preclude their employment. However, that process is done by an employee health department (or a separate company) and the information is not allowed to be included in the personnel record that your hiring manager can see.

It's more common than some people seem to think.

caliotter3 · Nov 17, 2014

I've had to fill out a health questionnaire often during the process of filling out the application. It has occurred to me to refuse, but I've gone ahead and filled it out anyway since I wanted a job. I've also questioned other objectionable questions in the past, and ended up going along with the process because I wanted work. In one instance, I ended up regretting that action. One should always consider that there can be consequences beyond the realm of the current employer when they are trying to interfere with your life. Think before you sign those papers or offer information that has nothing to do with the job you are applying for.

rnforforty · Nov 22, 2014

I was asked routine medical history questions and just if there was a family history of cancer, heart disease and the like. OK, but when they wanted me to jump up and down on one foot, I started to laugh and asked just what sort of job this was, because never in my 40 years of nursing had I ever encountered any situation at work where that sort of skill was needed!

I did employee health for 19 years and feel that just a brief medical history was needed. I was much more concerned about their immunization history to determine their susceptibility risk. The medical evaluations for HEPA mask use was much more in depth. But there again it focused on the employee, not the family. We even stopped doing CBCs and BPs because we are not there to replace their PCP, and if we find something significant just where does our responsibility end if the employee chooses to ignore the condition? Our role is just to determine their fitness to perform their specific job duties, and to suggest reasonable accommodations if needed. We did not do physicals until after they were hired. To do them before could cause ADA issues as well as HIPPA because you would need to tell their potential manager why they can't be hired. Not good. Doing the physical after allow us to make accommodations to allow the employee to work without having to divulge the employees medical condition.

rnforforty · Nov 22, 2014

Oh, and the only persons to see or access the physical and results would be the EH physician and nurse. It should never be in your personal file..

Esme12, ASN, BSN, RN · Nov 22, 2014

Before you are offered a job, you cannot be asked health or disability related questions – including how many days' sickness you had in your previous employment (although there are limited exceptions where it is a necessary requirement of the job). After you have been offered a job, health inquiries can be made, but only to ensure that there are no obstacles to being able to carry out your role. Your employer cannot ask for a medical report on you without your knowledge or consent. In addition, you cannot be asked your age or date of birth. Crafty employers do try to get round this by posing related questions, such as asking an older applicant how long he or she saw herself working until retirement, but this would also be unlawful.

Interviewers should avoid asking questions about your marital status, whether you have children, or are planning a family soon. It is acceptable, though, to be asked whether there are any responsibilities that could interfere with your attendance at work. You should furthermore not be questioned about your sexual preferences. If, on the basis of your name or appearance, an interviewer were to ask about where you were born, your race, native language, or religious views or affiliations, this could be seen as potential discrimination if you are not offered the role. You should be interviewed on the merits of your expertise for the job only

Your Privacy Rights - What Do I Have To Tell My Employer? - LawInfo

UFEDRN · Dec 15, 2014

Thank you everyone for your information. I talked with the DON and told her I felt it wasn't needed for my consideration of the job. She agreed and told me not to fill it out. (Luckily I knew her from a former job.)

KelRN215, BSN, RN · Dec 28, 2014

Hmm - I am trying to figure out how this could not be illegal. Per US Federal law, potential employers can only collect applicant information related to 'bona fide occupational qualifications' (BOQ)-- whether they are interviewing you or asking you to fill out an app. I can't possibly imagine any BOQ in which your family history or history of anesthesia would be relevant.
If you don't get the job, I suggest that you contact your local labor board and let them know what is going on with that company.

OP said it was in the new hire packet. Once she's been hired, she's no longer an applicant. They can ask. The information should stay with Employee Health.