Pre-employment health exam asking for my last menstrual period date

FolksBtrippin, BSN, RN · Apr 5, 2019

20 hours ago, Asystole RN said:
Don't be trippin, asking about menstrual cycles is a standard question for physicals.

I think we need to clear something up.

Is the OP already hired or not?

Of course LMP is a standard question for physicals. That does not make it a legal question to ask a job applicant.

If OP is already hired, then this is a different situation.

Asystole RN · Apr 5, 2019

3 hours ago, FolksBtrippin said:
I think we need to clear something up.
Is the OP already hired or not?
Of course LMP is a standard question for physicals. That does not make it a legal question to ask a job applicant.
If OP is already hired, then this is a different situation.

You can require a physical after a conditional job offer is made. So as long as the company states that the pre-employment paperwork and physical are a part of the conditional job offer they are in the clear.

EEOC-

"Under the ADA, an employer’s ability to make disability-related inquiries or require medical examinations is analyzed in three stages: pre-offer, post-offer, and employment. At the first stage (prior to an offer of employment), the ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job. At the second stage (after an applicant is given a conditional job offer, but before s/he starts work), an employer may make disability-related inquiries and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category. At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity."

ADA-

"Medical examinations conducted in accordance with this section do not have to be job-related and consistent with business necessity. However, if certain criteria are used to screen out an employee or employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential job functions cannot be accomplished with reasonable accommodation as required in this part."

nursej22, MSN, RN · Apr 5, 2019

I wonder if male applicants are asked reproductive health questions, just in case they father a child and may request parental time off? Or people planning to adopt? Or have elderly parents who may fall ill?

My point being pregnancy is not a disability.

Nurse Pompom · Apr 5, 2019

On 4/3/2019 at 5:41 PM, FolksBtrippin said:
It's illegal to ask if you're pregnant before they hire you.
You may want to report this to the labor board.

Def that ^^

River&MountainRN, ADN, RN · Apr 6, 2019

I wonder if you could get away with putting "Not applicable for the position" on there...a gentle reminder to them that they shouldn't be asking without making a huge deal out of it and an alternative to just leaving it blank (which they may nag you about).

Long Term Care Columnist / Guide · Apr 6, 2019

It's none of their business when your LMP was. You don't have to answer that, it's discriminatory because they're trying to find out if you're pregnant, which is BS. They can't reject you for that even if you ARE preggers. I would simply say "decline to answer".

Jory, MSN, APRN, CNM · Apr 6, 2019

On 4/3/2019 at 4:39 PM, Noodle28 said:
Hello,
A staffing agency I applied to is asking for my last menstrual period on the pre-employment physical form for home health. They are fishing for who is pregnant . Another staffing agency I applied to does not ask such a question anywhere about your pregnancy status . It is a per diem position too, so there isn’t any issue of guilt of going on maternity leave and them having to find a substitute . I feel like this question is like asking for my religion or political leanings . It’s none of their business . How would you answer the question? I will have to go to the walk in clinic to get the physical done . Leave it blank? Ask the person filling out the physical to leave it blank? Or tell the doctor I don’t remember ? I swear if men would get pregnant just like women, this question would t be on there . Thanks

I agree that it is invasive. I would enter the current day. Don't feel bad about lying when the other person is being dishonest.

TriciaJ, RN · Apr 7, 2019

There is another thread of this nature on Nurse Beth's site. According to Nurse Beth, it is illegal to be asked a question for employment purposes that couldn't be asked of a male.

Here.I.Stand, BSN, RN · Apr 7, 2019

On 4/5/2019 at 9:29 AM, Asystole RN said:
At the second stage (after an applicant is given a conditional job offer, but before s/he starts work), an employer may make disability-related inquiries and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category.

There ya go. Are they asking men when their LMP was? Of course not. So not only do they have no need for this information, I would conclude that they shouldn’t be asking.