Occupational health screening and mental illness

elkpark · Feb 15, 2010

This is a v. dicey question. My understanding of the current situation (although I'm certainly no expert, and not giving any legal advice!) is that employers can only ask you about any problems that might interfere with your ability to perform the duties/tasks of the position. Here are a couple of references (bolding mine):

"Post-Offer Stage

During the post-offer stage, your employer can request a medical examination as well as ask questions regarding any disabilities you may have. If the job offer is rescinded after an examination or your answer to a disability-related question, the government will look into the true reason for your dismissal.

Employment

During employment, you can be asked any disability question regarding your job position and may be tested for drug or alcohol use at any time depending on your employer's policy.

What an Employer Cannot Ask

You cannot be asked about a current or past physical or mental illness, any current or past addictions to controlled substances or personal information about receiving workers' compensation from a previous employer.

References

Employers' Guide to the Americans with Disabilities Act

U.S. EEOC: Americans with Disabilities Act"

http://www.ehow.com/facts_5178930_medical-questions-can-employer-ask_.html

"The level of inquiry permitted under the ADA changes, however, once the employer extends a bona-fide offer of employment to the applicant.

At this stage, employers may require that the applicant answer health-related questions if and only if 1) the questions asked are directly related to the duties required for the job; 2) the same questions are asked of all entering applicants who will be doing the same job; 3) any medical information obtained is treated as confidential; and 4) the results of the inquiry are not used to discriminate against the new hire in violation of federal or state law.

Once a potential or confirmed disability is identified, the employer should engage the applicant in the interactive process to determine what reasonable accommodation(s) may be required for the applicant to perform the essential functions of the job.

Applicants who are disabled, but can still perform essential job functions with an accommodation that does not unduly burden the employer must be provided with the necessary reasonable accommodation, and permitted to perform the job."

http://www.hrexecutive.com/HRE/story.jsp?storyId=94802510

Of course, none of this answers the question of how to respond to questions that don't meet those criteria (I have some mental health history myself, so I understand how delicate this all feels). The bottom line appears to be that the employer can't penalize you for having a disability (and mental difficulties officially count as disabilities) that has nothing to do with the specifics of the position. I haven't even been asked any questions like that in many years, but, if I were, I would be inclined to keep returning the focus back to "nothing that would interfere with (or, "nothing related to") my ability to do the job" (in a pleasant but firm tone of voice :)) Best wishes!

medsurg123 · Feb 15, 2010

ok but i dont know how to answer on the form, or if i should answer, the question. is asks about any hospitalizations? im surprised that theyre asking that but they are.

should i just not mention it? i feel like ill have alot of explaining to do, you know? ive been made an offer already. of course, if they rescind it, theyll say its for other reasons.

i really dont know what to do. i badly need this job.

medsurg123 · Feb 15, 2010

one other thing,

can an employer actually request my health records? so they can see details and everything?