What Medical Questions Can an Employer Ask? #ask #medical


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What Medical Questions Can an Employer Ask?

Some medical questions should not be asked or answered.

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As an employee or a job applicant, you might believe you have a right to privacy as far as any medical conditions you have. An employer, on the other hand, has the right to hire the most qualified personnel with some degree of assurance that medical problems will not interfere with staff members ability to perform the job. All parties should know their rights under federal and state laws, so that employers learn what they can legally ask, and employees and applicants can recognize questions they don t have to answer.

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The Americans with Disabilities Act applies to companies with 15 or more employees. It specifies that if you are applying for a job, the prospective employer is not allowed to ask if you have a disability or ask you to explain the cause of an obvious disability. He is allowed to ask whether you would be able to perform the job and how you would do so. He can t ask you to take a medical exam before offering you the job, and he can t make the job offer contingent on your taking the exam, unless all the applicants are required to take the same exam whether or not they are disabled. Once the employer has made a job offer, he can require a medical exam to determine if any accommodation is needed or if a disabled applicant can perform the job, but only if all other applicants must take the same post-offer exam.


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