Employer asking for medical history?

Question

I recently changed jobs and at the bottom of the stack of all the employment documents to be signed was a 4 page, very detailed medical questionnaire to be filled out and signed.  It looked just like the one I filled out when I found a new doctor.
  I was extremely uncomfortable and shocked to see this and questioned the HR manager.  She said that she had fought against it but the "higher ups" insisted that it be added to the employment package.  She said I didn't have to fill it out so I said "does that mean I lose my job?".  She said no and that she wouldn't tell anyone.
  I did not fill out the questionnaire and I wrote "decline to answer" across the page I had to sign.
  Is it legal for a company to even put such a thing in their employment package!?  This is a very small company(about 130 employees) so maybe they just don't know the law?

Ranger · Accepted Answer

No, not legally. Asking someone for their medical history violates Federal Labor Laws.  Go to the site listed below. Specifically item #11.

http://www.dol.gov/ofccp/regs/compliance/factsheets/disabledrights.htm#Q12

The only thing the company can legally ask at the time of job application is if the applicant can perform the duties of the job and if they will need a reasonable accommodation to perform the duties of the job. The company can not legally ask anything further about an applicants medical history.

The two answers above are Law Suits waiting to happen. Sooner or later, they will get a very expensive lesson in Federal Labor Laws.

Sunni · Answer

1

Fedvictim · Answer

Yes, it is legal up to a point. Companies are out to protect their own interests and there are a number reasons they use medical questionnaires. Unhealthy employee, such as smokers or people with certain medical conditions, have been shown statistically to be less productive. They require more sick days on average and take more breaks. They also use their health insurance more often which increases the cost to the business and it's employees. Smokers put a much larger financial burden on small business especially because they don't have as much bargaining power with their insurance carriers.

People with other chronic problems such as asthma, mental illness or injuries from previous employment are far more likely to file claims for workers compensation injuries against their new employer and blame them for theses injuries. Some potential employees purposely shop for jobs with the best medical coverage  because they have an illness which puts an unfair burden on an employer.

People aren't always honest about their past and there isn't much in the way of laws protecting an employer from getting stuck with a chronically sick employee. So, employers are asking more questions than they used to. The American Civil Liberties Union has been fighting overly invasive medical questionnaires in court. But, you really don't have much protection yet. Will it effect the likelihood of you being hired? Probably, unless the HR manager controls the hiring and firing. If you are hired, it could come back to haunt you later.

I suggest at least answering the questions that aren't overly personal and get used to the idea until the government passes some kind of legislation that sets limits.

Brian · Answer

Thank you supertramp for answering the question. The other two have no idea what they are talking about. - Human Resources Professional

Steven S · Answer

They legally can ask you anything. Legally, you do not neccesarily have to answer it. But that could be held against you in job consideration.

Employer asking for medical history?

5 Answers