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Asking Job Applicants about their Medical Condition during the Interview


I have a couple of questions.

Can you ask an employee in a pre-employment interview if they’ve ever had any workers’ comp claims?
 Can you ask them if they have any health or medical conditions that would affect them in this very physical work?


Glenn Demby is a lawyer and the editor–in–chief of HR Insider.




I give you a lot of credit for asking. Some HR directors might ask job applicants about workers’ comp claims without realizing they were crossing a line. The problem, of course, is that you can’t factor a job applicant’s physical or mental disability into your hiring decision. Because they solicit information about conditions that may constitute disabilities, questions about workers’ comp claims aren’t allowed during the interview/pre-employment process.

It’s not just workers’ comp claims. Other interview questions that aren’t allowed because they relate to disabilities include asking applicants about...

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