How much do I legally have to reveal on a job interview? Can someone please give me some advice?

[Cougar]

I've got a job interview in a couple of days and I'm just wondering how much information I'm legally required to give them. I don't have a criminal history or anything like that, but I have a medical condition that I feel was the reason that I lost my last job. At my last job my supervisor told me point blank that I was causing an inconvenince to everyone 'cause I was sick (I missed 3 days of work) and then shortly thereafter I was let go. I don't have any proof that I was let go because of my health, but that's just my feelings on the matter.

Since I've got an interview this week I really don't want to blow my chances at getting this job so I'm not sure how to handle the situation. Should I be up front with my health problems, or should I just say nothing? It's not like I'm going to miss work every week, but I will miss more work than the average employee.

Can someone please give me some advice?

EDIT:

I don't live in Canada, I live in the Good old U.S. A.....My Profile is incorrect and I haven't gotten around to fixing it yet (yes I'm lazy )

 

[Russ]

From a legal standpoint, you don't "have" to reveal anything. Of course, they also don't have to hire you.

If you believe that your health problems could interfere with your ability to perform the duties of the job, then you have a moral (NOT a legal) obligation to tell them. Otherwise, leave it up to them to ask.

NOTE: The above applies to most states in the US; I have no idea about Canada.

Russ, NCNE

 

[linuxboy]

Russ is right. It's illegal to tell that which is knowingly false but nothing wrong with having tact and answering wisely. If the condition will not affect your performance of the job, there's no reason to disclose it. ADA protects you.

Cheers !

 

[Cougar]

<< From a legal standpoint, you don't "have" to reveal anything. Of course, they also don't have to hire you.

If you believe that your health problems could interfere with your ability to perform the duties of the job, then you have a moral (NOT a legal) obligation to tell them. Otherwise, leave it up to them to ask.

NOTE: The above applies to most states in the US; I have no idea about Canada.

Russ, NCNE >>




I don't think that my condition will affect my job performance at all, except for the fact that I'll miss more work than the average employee. When I'm on the job I can basically do any task that they would require.

Any advice on how I should proceed? I really need this job (or any job for that matter) but at the same time I don't want to get this job and then get fired the first time I get sick.

 

[Lalakai]

when completing the interview form, it will ask for basic info, and at most, any known allergic conditions/situations. During the interview (if the interviewer is good and well versed), the person will ask open ended questions and let you fill in the blanks. They legally cannot ask your marriage status, religious preference, sexual orientation, or age. They can ask for permission to do security/financial background checks, but I don't think it can extend into medical history (if the company provides insurance to it's employees, you might get hung up there).

the verbal interview will be the part where you may stumble. If they ask if you have a medical condition that would prohibit you from performing your job, this usually relates to lifting/driving/medication restrictions, where you might endanger your life or your co-workers. Don't lie, but if the fact isn't "black and white", it shouldn't be relevant to the position you're applying for.

sounds confusing until you're on the other side of the table, but bottom line: if your medical concern isn't documented or doesn't have specific/detailed restrictions, then it shouldn't be an issue.

and as was stated earlier, this can change from state to state, and from company to company, so use this "advice" with a grain of salt

ps good luck on the interview

 

[fatalbert]

you can't lie, but you don't have to reveal the sickness, unless it is a serious detriment to your job, i.e. not able to do certain things due to restrictions

 

[mithrandir2001]

In all of the job interviews I've experienced in my life I don't believe I've been asked about my medical condition other than "do you have any condition that would prevent you from completing your assigned tasks?" If you use a wheelchair, a job as a roofer probably wouldn't be a good match, for instance. I was asked once if I could lift boxes up to 40 pounds, but that was for a material handler position.

I personally would not volunteer your medical information if the company does not ask. I also see no moral obligations either because what are you supposed to do? Be unemployed for the rest of your life because you are "unhireable"? If you are a good worker who meets deadlines and objectives, you'll find employers who will tolerate less-than-perfect attendance. But if you tell them from the beginning you have so-and-so problem, it doesn't look so good: you are giving them a reason not to hire you. Let them hire you, find out you work well and then they may "forgive" your condition and its special time demands.

 

[Cougar]

Well, it looks like I'm not legally required to say anything, but that doesn't seem to help me out much. If I'm completely up front with them about my health and they hire me anyways then there's no way that they can toss me just because I get sick. However, If I say nothing and they hire me then I have to worry about what will happen to my job the first time I get sick.

I've got no idea what I should do. From the people I've talked to and from this posting here it seems like it's split 50/50 as to what I should do. I feel that my employer should be made aware of my condition, but at the same time I don't want that to be the reason that I don't get hired.

 

[Antisocial Virge]

Last few interviews I have been on they have asked about how much time was missed from work in my last position. Lucent for one is a real hardass about attendance. You only get like 3 days a year total without having a medical note.

 

[StageLeft]

Personally I would not answer about the health. They will NOT ask if you have any health problems. If they ask why you were let go make something up that isn't technically a lie

Chances are HIGH that if you let on about a health problem you'll not get the job; I'd do your best to get it and worry later.

 

[cipher00]

Well, you're not required to answer questions, but, like above, they don't have to hire you. Anything that you do tell them, however, has to be correct or you could be terminated for cause. ADA requires that employers make reasonable accommodations to any handicap you may have, but this doesn't seem to fall into that category. If you get a doctor's note, perhaps that will help cover the issue.... I guess it will depend on the company.

 

[kranky]

I don't know what to recommend, but IF you decide to be upfront about your medical issue, then also make a point to say how you will keep it from being a drawback.

You can say that, while you did miss some time, you made up the time by working late and/or weekends and/or working at home to make sure you met the job requirements. You should get them to understand that missing work occasionally doesn't mean you would do a poor job, or that your performance would suffer because of it.

 

[MichaelD]

This kind of hits close to home for me. My GF is a severe asthmatic. She's been hospitalized for it 4 times in the past two years. Her current employer (credit union) gives her a lot of grief about "being out all the time." Cripes, it's not like she's in the Bahamas sipping Margaritas; she's in the hospital with needles in her arm, getting a breathing treatment every 4 hours. :|

Someone in HR made a comment to her about 6 months ago. They said "since you've started working here, you alone have cost the company more money in the medical insurance than your entire district."

That was highly inappropriate and she cried for two days. Ruined our weekend away.

You've already been given great advice. Unless your condition will prevent you from doing the job you're applying for, don't say squat. The only reason my GF hasn't found another job is b/c nobody offers the same medical benefits, which she needs.

 

[Russ]

<< I don't believe I've been asked about my medical condition other than "do you have any condition that would prevent you from completing your assigned tasks?" >>



That's pretty much the only way a company can ask the question without getting in to dangerous territory.

Russ, NCNE

 

[Cerebus451]

Actually, MichaelD brought up an interesting twist to the story. If your medical condition requires you to visit a doctor often, then what will happen is you will end up driving the insurance costs across the company up. It is a nasty way to say it, but it is a fact of life in this day and age. This year they changed our company insurance policy, again, because someone was skewing the cost factors and the insurance company raises the rates for the company as a whole. No names are ever mentioned, but it could create a hostile work environment if your co-workers see their insurance rates go up and they know you miss a lot of work. In a perfect world, that would not happen, and it may not happen in larger organizations (my company employs less than 100, so it might be something you only see in a smaller company).

As to what you reveal at an interview, the only thing you would need to reveal is if you had a condition that might prevent you from performing your duties. I have chronic lower back pain that causes me to miss more work than most (though it doesn't cost me anything in medical bills since I've learned how to cure the pain myself), but that is not something that I would feel motivated to reveal at an interview. One question - is your condition a degenerating one where you will continually miss more and more work, or is it simply something that causes you to miss more than average, but at a constant rate? If your condition is going to worsen, that might come into play, but again it's not something you would have to mention.

 

[BrunoPuntzJones]

<< but I don't think it can extend into medical history (if the company provides insurance to it's employees, you might get hung up there). >>

you're correct. they cant ask anything about health other than can you perform the task. medical checks are not supposed to be done until they are hired, you get in big trouble if you're found to not hire people because their insurance is too high.

likewise, you can't offer insurance to some folks, and not others. like in michaeld's case, they cant terminate her for her high health costs, and they cant just cut her insurance. they would have to cut everyone's.

sorry to hear about her condition michaelD. my mother's company (which employs over 1000 probably) recently cut their health insurance because it was too high. what you may look into is state orgainized (i think?) group that holds insurance for "high risk" individuals. my uncle had to join one because his insurance expenses were so high that he was costing the company money. it's just a pool where each "high risk" person sends in their premium, and it's paid out to those who need it. i don't know much about it, or how it works, but it's something you may look into if she ever loses her coverage

this was for texas btw.

 

[StageLeft]

Further to Cerebrus's post our medical insurance has approx doubled since last year, raising premiums. Of course our premiums have only gone up to something like $20/month each since company pays most of it. Personally I would hold nothing against anybody for it because I'd hope to try and do the same thing. Even if you're sick nobody can expect you to stay out of work the rest of your life.

 

[Cougar]

Let's see if I can answer some of these questions.

My health isn't rapidly degenerating or anything like that. I just miss more work than the typical employee. On average I'll get sick about every 2.5 - 3 months (sick enough where I have to be in bed). Depending on how sick I am I can be out anywhere from 2 - 7 days, and if it happens near a weekend then it's possible that I would miss virtually no work. I do get sick more often then that, but if it's not bad enough for me to be in bed then I go to work (like if I have the sniffles then I go to work, if I've lost a limb then I'll stay home for a day or two )

Under ideal circumstances I go to a specialist once a year for my condition and I go to my regular doctor for a yearly checkup. Other than that I stay far far away from doctors. I have been hozpitalized a few times in the past, but it's not a common thing.

Anyway, insurance isn't a concern here because this position has no benefits whatsoever (neither did my last position). So for right now the companies premiums wouldn't go up 1 penny just because they brought me on board.

I'm sure some are wondering why I would even be worrying about a position that had no benefits, but if you've got any clue what the job market is like then you wouldn't be asking that quesiton.


MichaelD....

Sorry to hear about your girl's condition. If it makes her feel any better tell her that she's not alone.

 

[Jfur]

Cougar, don't tell them. I have a condition, too, and people completely freak out at me sometimes when I talk about it. I actually have not missed a day of work due to illness in my entire life, but you WILL be judged as if you are on the verge of death or at least going to cause problems. You stand to lose a lot more than the employer from disclosure, and you have nor legal obligation to do so. From you description above, it does not sound like you miss many more days than many other people I know and work with who have no condition (except laziness and poor work ethic). What I have always done is to tell trusted people at work about my health after I have been there long enough for people to make their impressions about me and realize that it is not a big deal.