Job application

[wade3504]

I went to fill out a job application at a preschool and it had a question on it that asked how my health was and if I had any major illnesses or injuries in years past. Is this legal? I am an honest person so I wrote on it about my dual transplant that I've had but it doesn't effect my work and I don't think that they even need to know about it. I don't want that to be part of their decision on whether I am hired or not.

 

[ohmt]

I believe that because the school is state owned that they can ask that kind of question unfortunately. If it was a privately owned business they could not. At least that is what my mother has told me-she had to fill out questions like that when she applied at a school and had also thought it was strange so looked into it.

 

[Jill]

Is it the kind of thing you could answer with something along the lines of "I haven't missed work for health related issues in X Number of years"? Or something like...

 

[Chelley]

I don't know how legal it is or not, but I agree in that I would say something to the effect that I do not have any health problems that will affect my ability to perform my work duties. If you get an interview and there is more inquiry into it then you might have to give a little more detail.

 

[wade3504]

The school is not owned by the state. It did specifically ask if I had any injury or major illness in years past and if so what were they. With all other schools I have ever been to (all privately owned)that has never been a question that has been asked. One school did ask why I didn't work for two and a half years and and I told them it was from my transplant but they didn't ask on the application. I guess I will try to be a little more vague next time.

 

[ohmt]

After rereading the question, I think they are trying to determine if you have any disabilities as they would be required to accommodate. They are allowed to ask that question according to my research about ADA, but the way they word it is strange. If I were you I would put 'able to perform positions requirements' and if they ask in an interview say the same thing. If they want more than that and you think it's too personal then you are allowed to say so or ask why they need the information (politely of course).

 

[wade3504]

I looked into it and according to the ADA it is not legal. They cannot ask anything like what they asked on the application. The only thing they are allowed to ask is if I can perform the job I am applying for. The only time they can ask about illnesses, injuries, etc is after a job has been offered and then once illness, injury, disability is disclosed they cannot take the job offer back if the disability would not effect performance and even then if accomodations can be provided for that disability then the offer cannot be taken back.

I can file a charge against them but basically the remedy as they call it would be that they would have to give me the job. Now how comfortable would that be to work for someone that you filed charges against?

That question on that app has bugged me all afternoon. I don't see the sense in me filing a charge but I think I will send something to them that shows them what they ask is illegal to have on an application.

 

[ohmt]

I don't know if I would do that if you are really wanting the job, but if they ask the question in an interview then you could say you were advised against answering that question (hinting that they shouldn't be asking the question in the first place) but you are able to perform the job as described without needing accomodations. I would talk to whoever is in charge of hiring about it later whether you get the job or not. I really think they are just trying to ask if you may have a disability that they need to accommodate but are going about it wrong.

 

[wade3504]

That might be, but they can't ask that either until a job is offered. I'm not going to file a charge and we'll see what happens. My husband doesn't want me to take the job anyway as he thinks it is too far away so I am not going to. I will let them know though that those questions should not be on their app.

 

[Sonya]

I wouldn't think they could ask a question like that, sounds like they are trying to weed out folks who they feel have the potential to need to take time off, not right. It should read something like 'do you have an illness/injury/disability that would prohibit you from fulfilling the jobs duties'. The way they worded it, sounds like discrimination to me, they can't do that.

 

[wade3504]

They are not allowed according to the ADA. I am going to wait to see if they call me which is to be sometime next week if they want to interview me. Either way I am contacting them.

 

[HGFarm]

Yep, health issues or not, my answer to that one would be Nunya If you didnt get the job because of something, they would probably never admit it as that would be discrimination wouldnt it?!!

 

[susanne]

I've been thinking about this since you posted. Although this doesn't speak to the legality of the question, I think I'd reply:

"I previously was a type I diabetic, but thanks to transplant surgery, I no longer am."