The company I work with has certain physical requirements. We go up on ladders and we also crawl around attics and crawlspaces. Can we legally ask an applicant if they have health or physical restrictions which prohibit them from doing such things? For example, can we ask if they have a back, knee, eye problem or if they have any chronic illness which may prohibit them from doing such work?
2006-06-14 05:37:34 · 11 answers · asked by allisonmvieira 2 in Business & Finance ➔ Careers & Employment
Some of the most common mistakes employers make concern inquiries into an applicant's medical history--such as asking whether the applicant ever filed a worker's compensation or disability claim or has ever been hospitalized, and if so, for what condition. The Americans With Disabilities Act strictly prohibits employers from asking applicants any questions that would reveal whether an applicant has a mental or physical disability. Employers should provide the applicant with the essential job functions of the position applied for and inquire whether the applicant can perform those essential job functions with or without a reasonable accommodation.
2006-06-14 05:42:43 · answer #1 · answered by Tina 6 · 1⤊ 0⤋
I took a business law class once and those personal questions can get really tricky. The personal questions you can ask has to be related to the nature of the business. For example, hospitals need to have workers who are available on the holidays, nights and weekends. If the potential employee's religious affiliation prevents him/her from working at the hours needed, then the hospital could move on to the next applicant without being cited for discrimination. Hospitals are in the business of providing assistance to people's health concerns. They wouldn't be in business for long if they consistently hired those who would be challenging to work with.
I hope this helps. For more details, ask an attorney who specializes in business law.
2006-06-14 12:51:28 · answer #2 · answered by Jose 2 · 0⤊ 0⤋
You can throw in examples of what the job requires, verbally and then just ask them if they might have a problem doing such work. Simple.
2006-06-14 12:45:28 · answer #3 · answered by Halo 5 · 0⤊ 0⤋
Yes you can, and you are suppose to ask them these questions. You have to ensure that you don't hire someone who can keep up with the work because of their health problems, or else your work will have to stop anytime their health problem start to affect them, both you the employer as well as the employee will lose.
2006-06-14 12:43:51 · answer #4 · answered by Destiny 2 · 0⤊ 0⤋
Yes, if the work involves moving heavy objects and physical exercise like Personal Trainer.
2006-06-14 12:44:08 · answer #5 · answered by Earth_conscious 2 · 0⤊ 0⤋
It sounds logical that you could, but logic and law do not always coincide. When asking questions about legality, it is critically important that you specify the jurisdiction you're in, as different nations, different states, and sometimes different cities often have different laws.
2006-06-14 12:45:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think you can ask those questions because it pertains to their ability to do the job. I'm no lawyer though so I would ask one just to make sure.
2006-06-14 12:42:48 · answer #7 · answered by Cameron 3 · 0⤊ 0⤋
Yes, indeed. They have every right to ask you about your health. Couldn't have you doing manual labor if your heart's bad!!!!
2006-06-14 12:42:57 · answer #8 · answered by tendoghouse 3 · 0⤊ 0⤋
Yes you can, especially if it requires a lot of movement.
2006-06-14 12:41:14 · answer #9 · answered by ddevilish_txnfml 4 · 0⤊ 0⤋
i believe you are aloud to ask.....just chose your words carefully
2006-06-14 12:41:30 · answer #10 · answered by krnsspott 5 · 0⤊ 0⤋