When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Asking Job Applicants about their Medical Condition during the Interview

QUESTION:

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?

TODAY'S EXPERT

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

ANSWER TO QUESTION 1:

NO

EXPLANATION:

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...

AnnualMonthly
Save with annual purchase!
Try It Out!
Take a Spin
Take a Spin
14d14d
Not ready to buy yet? Take a trial!
Get full access to HR Insider to make sure it's the right fit for your organization!
Start My TrialStart My Trial
Enterprise
Annually
Annually
callcall
For large businesses with multiple locations across the globe.
Contact UsContact Us

 

 


Already have an account?