I feel that whoever reads the application is not privy to my medical history. Doesn't that violate medical privacy laws to ask that question on a job application? "Oh, won't you please disclose all of your medical issues (last 5 years) to me please..." I think that should only be disclosed to the doctor if a pre employment physical is required for completing the hiring process. It is for a commercial driver position. If I answer the question on the application, they may use my private medical history, that everyone now in the office could read, as a basis to not continue further in the application process. Further, if I don't answer, then that may end it as well. Therefore, I think that kind of a question on a job application should have legal penalties.
The application is voluntary. You can choose to reveal privileged health information or not.
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The Americans with Disabilities Act (ADA) prevents an employer from asking about the health conditions of a prospective employee.
The guiding principle of the ADA is to force employers to focus on applicants' skills rather than on their disabilities. The ADA has narrow exceptions that allow employers to inquire about an applicant's health.
For example, if a disability is apparent, an employer may legally ask how the applicant can fulfill the major functions of the job.
If the job is "time sensitive," and the individual says she has to be out during key times because of a disability, that may be a legitimate reason for an employer to be unable to hire that particular person.
Some examples of time-sensitive jobs include tax preparation or a high-tech position with a project deadline.
Once you're offered a job, the company can require you to take a medical exam, provided it is related to the job and requested of all individuals performing the same job.
If you face questions about your health in an interview and don't get the job you might have grounds to file an unlawful discrimination complaint.
When an applicant or employee's health problem meets the criteria for a disability under the ADA, the employer may be required to provide a reasonable accommodation to allow the person to perform the job.
To be covered by the ADA, a disability must include a substantial impairment of a basic life function, such as walking, talking, or caring for oneself.
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