Published Oct 7, 2019
grateful2b
9 Posts
I have a conditional offer from a hospital for an RN position which requires a medical exam, drug test and background check. I have bipolar disorder 1. According to the American Disabilities Act (ADA), employers cannot ask you if I have a disability before an offer is made. They did not ask me. However, they can ask if you can perform the “essential duties”.
During the medical exam if I disclose my illness, the hospital cannot withdraw their offer based on disability. They are required by the ADA to give me an accommodation. But that is only if I meet their “standard qualifications”. One of their standard qualifications could be something like, must exhibit an even mood in which case, the offer will probably be withdrawn. If the standard qualification justification isn’t used, they will probably find a different reason, that is not illegal, to withdraw the offer.
However, if I don’t disclose and later I start exhibiting symptoms of a high or low mood, they can terminate me because I lied. Or if they get a hold of my past medical records, which I don’t know if they can through the very broad release I signed, they will see I have an illness and fire me because I lied.
I know it’s best to be honest, but then my job prospects are low as mental illness is highly stigmatized in the healthcare industry. What should I do?
Correction: substitute correct ADA term, "qualification standards" for standard qualifications in paragraph 2
VivaLasViejas, ASN, RN
22 Articles; 9,996 Posts
From a fellow nurse with bipolar I: don't do it. Don't disclose anything about your illness. No good can come from it. I don't normally advocate lying, but I have lost jobs for being bipolar---that wasn't the official reason, of course, because that's illegal. But healthcare corporations have offices full of lawyers who know their way around the ADA, and by the time you get to court you're so beaten down that you just give up. They count on that.
Also, don't talk about your BP with your co-workers, no matter how nice they are (or seem to be). Word gets around, and the next thing you know you've got a big target painted on your back. If you need accommodations, you'll have to disclose, but if you can remain stable---no small feat in itself---you may never need them.
By the way, you don't have to worry about your medical records being accessible to your employer. HIPAA protects even nurses in this regard. They will only know if you tell them.
Good luck to you. I hope it all works out well. Viva
caliotter3
38,333 Posts
Agree with everything Viva says. The only health issues I would ever discuss with an employer now are: the occasional cold, occasional flu in spite of religious flu shots, and indigestion. Nobody I’ve ever known that was vocal about their health problems ever had it easy on the job. When I was in the military, people who wanted good medical care and to maintain their careers, would go to civilian doctors or perform surgery on their hand carried medical records (in the days before EMR). If service members are smart enough to salvage their jobs (and their health), civilians have something to learn from them about playing their medical condition close to the vest.
Thank you both VivaLasViejas and callioter3. It seems that the ADA hasn't changed anything and the more I read about employers, the more I see what you are saying. I had no idea that the military is the same. I'll follow your advice.
JKL33
6,952 Posts
On 10/8/2019 at 3:58 AM, VivaLasViejas said:By the way, you don't have to worry about your medical records being accessible to your employer. HIPAA protects even nurses in this regard. They will only know if you tell them.
Saw this thread on the sidebar and had a question: Are there releases whereby the OP may have signed something allowing access to medical records? S/he mentions signing a very broad release...(?)
medical_zebra
22 Posts
it is none of their business and you as a nurse should be able to judge whether or not you can do your job professionally and safely with your condition and just leave it at that. it sounds like you have everything pretty well managed so i don't think you have to worry about them seeing you out of control and firing you. if that does happen, just move on, however if you can feel things escalating, ask to go home sick. they don't have to know it is a mental reason, just say you don't feel good and don't feel safe to do the job. if you know certain things trigger it, try to steer away from jobs that may cause that to happen.
bubblefishez1989
5 Posts
I have Boarder Line Personality, ADHD, PTSD, Insomnia, Anxiety and Depression never once did I ever admit it to anyone on an application or to an employee. None of thier bussinsss in my opinion. If I ever feel like I need a breather i take an extended bathroom break. If i get asked where were you etc. I simply say bathroom, no one wants details on that, so they leave it alone. Then I move on and continue my day.