Print

---

     My thanks to those who replied to my question about job
applications. One person suggested looking into the American with
Disabilities Act. I did find specific references to my question,
and it seems that the ADA does offer legal protection for job
applicants. I'm including some important points that I found, in
case others are facing similar situations. I'd still like to hear
from anyone who has applied or interviewed for a job, after
diagnosis, or anyone who has worked on the management side,and
has hired people with chronic diseases.

     The following was found on "The Jobs Accommodations Network
(JAN) - The ADA Hot Links Page." (Great site!)
http://janweb.icdi.wvu.edu:80/links/adalinks.htm

     These quotes are from the "ADA Technical Assistance Manual"
which explains the provisions of the ADA, and also gives specific
examples.

"The ADA Prohibits any Pre-Employment Inquiries about a
Disability"

     1. Before making a job offer:
          At this stage, an employer:
     MAY ask questions about an applicants ability to perform
specific job function;
     MAY NOT make an inquiry about a disability;
     MAY make a job offer that is conditioned on satisfactory
results of a POST-OFFER medical examination or inquiry.

     2. After making a conditional job offer and before an
individual starts work:
          At this stage an employer may conduct a medical exam or
ask health-related questions, providing that all candidates who
receive a conditional job offer in the same job category are
required to take the same exam and/or respond to the same
inquiries.

Basic Requirements Regarding Pre-Offer Inquiries

     An employer MAY NOT inquire about the nature or severity of
a disability on application forms, in job interviews, in
background or reference checks.

The Job Application Form

Questions that MAY NOT be asked include:
     Please list any conditions or diseases for which you have
been treated in the last 3 years.
     How many days were you absent from work because of illness
last year?
     Have you had a major illness in the last 5 years?
     Are you taking any prescribed drugs?"

MEDICAL EXAMINATIONS AND INQUIRIES

Pre-Employment, Pre-offer
     "An employer may not require a job applicant to take a
medical examination, to respond to medical inquiries or to
provide information about workers' compensation claims before the
employer makes a job offer."

Pre-Employment, Post-Offer
     "An employer may condition a job offer on the satisfactory
result of a post-offer medical examination or medical inquiry if
this is required of all entering employees in the same job
category."
     "IF an individual is not hired because a post-offer medical
exam or inquiry reveals a disability, the reason(s) for not
hiring must be job-related and necessary for the business. The
employer must also show that no reasonable accommodation was
available that would enable this individual to perform the
essential job functions."

     "The results of a medical examination may not disqualify
persons currently able to perform essential job function because
of unsubstantiated speculation about future risk."
 (This point I think is the very important for PWP seeking
employment - although the definition of "unsubstantiated" could
be interpreted in many ways.)

     Any comments?

Linda Herman
[log in to unmask]