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        New Message Board Archives >> 2003 Posts >> Any human resource people out there?
        
(Message started by: DougL on Apr 1^st, 2003, 5:07pm)

Title: Any human resource people out there?
Post by DougL on Apr 1^st, 2003, 5:07pm

I am planning on looking for a better paying job.

My question is…
On the job application where they ask you
If you have any medical condition that may
Affect you work attendance etc…

Is it unlawful of me to say NO? Knowing that I have
Clusters?

DougL

Title: Re: Any human resource people out there?
Post by WendyHowe on Apr 1^st, 2003, 5:44pm

Doug

I run an HR consultancy and can give you the right answer for the UK, but it is probably different in the USA. Email me if the UK version would help.

Wendy

Title: Re: Any human resource people out there?
Post by Georgia on Apr 1^st, 2003, 5:46pm

From the ADA fed laws:

"Prohibited Inquiries and Examinations
Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity. "

and

"Reasonable Accommodation
Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules;..."

taken from: http://www.eeoc.gov/facts/qanda.html

My interpretation of it would be that they should not be asking you that question and therefore you should not be answering it. JMHO

PEACE NOW,
Georgia

Title: Re: Any human resource people out there?
Post by WendyHowe on Apr 1^st, 2003, 5:46pm

P.S.

If it's any help, Cluster Headaches is arguably covered under the Disability Discrimination Act in the UK, so if you have an equivalent Act in the US you can argue that to disadvantage you on the basis of your condition would be unlawful.

Title: Re: Any human resource people out there?
Post by Slammy on Apr 1^st, 2003, 7:15pm

Doug,

The proper answer to that questions is no, if it is in regards to cluster headaches. Clusters are not listed on the ADA and are not protected by it. However, it is reasonable to assume that clusters may NOT affect your attendance either, anymore than say, a cold or flu bout.

Slammy 8)

Title: Re: Any human resource people out there?
Post by echo on Apr 2^nd, 2003, 8:40am

I agree with Slammy on this one. Your answer should be -- No.

Having worked in an HR attached department for 11 years and having taken many hours of interview training you will be well within your right to avoid stating anything about CH. And they sure as heck cannot ask specific questions about it either.

Title: Re: Any human resource people out there?
Post by Joanie on Apr 2^nd, 2003, 9:03am

Hi Doug,

I have worked in an HR Department for 8 years and have to agree with the above posts. Most times the question that is asked is "Do you have a medical condition that would prevent you from performing the functions of the job?" In the case of clusters, the answer would be no.

I too will soon be looking for a new job and my response will definitely be "NO".

Good Luck!
Joanie

Title: Re: Any human resource people out there?
Post by DougL on Apr 2^nd, 2003, 11:42am

Joanie!

You nailed the question that I was thinking of!
Thanks so much!
It’s been 3yrs since I looked for a new job and I remembered
seeing that question on applications before.

Thanks
DougL

Title: Re: Any human resource people out there?
Post by don on Apr 2^nd, 2003, 11:50am

An employer could argue that the question addresses "reasonable accomodation" and appear to be socially responsible.

I seriously doubt that is what the question is used for.

My answer would be a big "NO"

Title: Re: Any human resource people out there?
Post by Bob_Johnson on Apr 3^rd, 2003, 7:18am

AMERICANS WITH DISABILITIES ACT. An outline of your rights to refuse to give information about health issues during a job interview. See in archives, 8/5/01, message, "ADA:job interviews and chronic illness. Your rights...."