Can you be discriminated against when applying for jobs because of a period of illness?

Question

I have not worked since May, when I had to leave my last job (still in the probationary period) due to what was probably my first episode of Multiple Sclerosis. I'm pretty much back on form now, I may never have another attack, and I'm back in the job market again. I am worried that having not worked for so many months will stand against me. What am I obliged to reveal about my illness? People already react to the words "Multiple Schlerosis" as though I have a terminal illness.

I know I will get good references from previous employers.

I should add that you need a second MS attack before it can be confirmed so officially, I do not have it. I am not disabled, and have full use of my body.

Answer 1

Legally they can't, but if you were taken on for a probationary period although they wouldn't identify it as the reason, some would probably use it as an excuse to let you go but would come up with some crap as 'not really suitable for the job'.
I have a friend who has MS but was only diagnosed 5 years ago and was already in employment. her company have been fantastic and she has since had 2 children and is still in work, part time.
I hope that you can find someone who will take you for who you are and not what you have to live with. Very very good luck x

Answer 2

Try and look at it from the employers point of view. They hire someone who is likely to take long, unplanned periods of time away. Hardly the best way to run a business.

They can legally ask: Is there anything about you that will impede or prevent you from performing the tasks listed in the job description? If they feel like you have been untruthful, they can probably let you go.

I hope you are seeking employment in a field where prolonged and sporadic absences will not interfere with the business work flow. I will be hiring someone soon in a position that could accommodate long absences, and hope you can find a similar one.

Best wishes, you are very courageous and I feel confident you will get a job.

Answer 3

Your question cannot be definitively answered without more information. You may be protected under the Americans with Disabilities Act if MS is considered a disability (In all likelihood it is considering that practically everything from hangnails to halitosis has been). It would also depend on how many people your employer has working. Consult US Department of Labor. This is something about which you need definitive information rather than the opinions of a bunch of Yahoos.

Answer 4

It is shocking to me how many misunderstandings people have about employment laws that deeply affect all of us.

Employers CANNOT ask any prospective employee about their health or illness at any time in the interview process, this is covered under Americans with Disabilities Act. The only exception is if you have a visible disability (ex. you're in a wheelchair), then if its relevant to the job they can ask you what accomodations you need to do the job. But say desk work, they can't even ask that of someone in a wheelchair, because there is no physical reason they can't perform the work.

Employer can require you to submit to a physical before starting the job, contingent on 2 factors which are somewhat difficult to meet so it doesn't happen much - it must be relevant to the job and the same requirement must be appllied to all who perform the same/similar job. For example, teachers have to get tested for tuberculosis, the same requirement applies to them all and it is relevant because it is highly contagious and dangerous to children. But at the same time they can't use that TB test as an excuse to do a more extensive exam, it is limited to the type of testing that is shown relevant and is applied equally to all.

As far as the gap on your resume, I highly suggest to you and to everyone who will listen to only put years on your resume not months. There is just no reason to put months, especially if you have more than a few years experience it is not even of interest to most employers, and can only hurt you. In many case it can make you look like more of a job hopper, and it certainly makes you look like you're thinking of your job in shorter increments (months) and therefore you appear less stable. Obviously if they ask you have to say you left in May. If they ask why you left - personal reasons - if pressed, family illness (you are a part of your family aren't you?) If asked what you've been doing since then, avoid the illness subject, talk about something you really did do besides being sick, or if you've got nothing, say you were involved in the care of your sick family member (you were involved in your own care weren't you?), but that person is doing much better now so you are ready to get back to work.

Why do I suggest you fudge the truth? Because they don't have the right to know about your illness, but if you choose to tell them, they do have the right to use the information in their decision. Since you don't have to say, and they can use it against you if you do, why take the chance?

For the managers out there, realize that employee illness is an inherent part of running a business, you don't know how much any employee will be sick when you hire them, for example I haven't used a sick day in 2 years, but still could get cancer tomorrow. I understand the DESIRE for employees not to ever be sick, but I'm sorry to tell you that you don't have the right to EXPECT it. Employees are human and must be treated fairly.

P.S. - People are correct about lying on the application, don't do it. Reason for leaving last position = personal reasons.

Answer 5

Yes you can but it is morally wrong. If you have no lasting effect of an illness then you cannot officially be discriminated against. The employer will however give some other reason for rejection.
I you could prove that you are best person for a job then you could take them to tribunal

Answer 6

You must tell your future employers because they could sack you if they ever found out you lied on an application form. I would also suggest that it would depend on the type of work you are applying for. There maybe some jobs that can legitimately discriminate, but I'm not 100% sure.

Answer 7

The Americans with Disabilities Act prohibits such discrimination. The employer is supposed to accomodate your disability, if you are otherwise capable of doing your job with the assistance (for example if you suffer from carpal tunnel, they have to provide ergonomic keyboard, etc.). If you are turned job for a job because of your disability, you should report it to the state labor board.

I think you should reveal your illness, because lying on your job application could be a valid reason for terminating you.

Answer 8

It would not look to good, because the employeer will think you will take a lot of days off and he/she could of hire someone with less or no time off from previous employment. Could you just leave out the periods of absent or say due to going back to school to enhance your skills, or say my illness will not hinder my job performance.

Answer 9

hate o say it but you just have to lie. Perhaps you had to go help a family member who was ill. You must stop telling people you have MS, as they do react, The difficulty in diagnosing the disease is that it delays the abiltiy to obtain modifiying medications that may slow down the progression. You must do what is necessary to survive, Good luck

Answer 10

They are not suppose to but they usually do but on the other hand if you put you have had no days off in the past year so they dont believe you so you do have to be careful but be honest it might be an idea to get a letter from your doctor saying that you are medically clear to work so you can have prove that you are ok to work

Good luck