Basically, they need your approval under data protection to ask your doctor, but do they have a right to ask this on an application form before even seeing you. Does it contravine your basic rights?
2006-12-03 06:37:34 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
They can't ask you that. It's private. Just like they can't ask you if you're married or have kids or how old you are or your sexual orientation. Decline to answer questions like that because if you lie, they can and will hold it against you. Just tell them you'd prefer not to answer personal questions that the law does not require you to.
2006-12-03 06:40:23 · answer #1 · answered by Tina 3 · 0⤊ 0⤋
In the UK.
Contrary to some answers you have been given, yes they can. If you are on a type of medication that may cause side effects that put you or others in danger whilst you are working. Also if you are involved in an accident at work and you have to go to hospital, the medics can be informed immediately if you are not in a position to be able to.
You cannot be refused a job on the grounds of disability unless it is covered by the genuine occupational qualification (GOQ) exemptions.
There is an implied term in contracts of employment of mutual trust and confidence.
For example an epileptic cannot drive unless they have been fit free for a period of time. 5 years I believe.
The employer MUST ask all candidates the same question.
Hope this clarifies the situation.
2006-12-03 16:58:36 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
NO, i have just completed our company's application form through a lawyer, you can only ask for a doctors note if you are 65 or over, on the application form they are not even allowed to ask your age due to the new age discrimination act. for them to gain this information from you like age etc there must be a separate document that is not attached to the application form called "equal opportunities" this form you can fill in if you want but it is not essential. Employers must be very careful now as there are that many new laws inplace we can be easily sued. if you are that unsure speak to a lawyer. Good Luck
2006-12-03 15:05:46 · answer #3 · answered by shelz042000 3 · 0⤊ 0⤋
No, that is in fact an invasion of privacy between you and your doctor, plus in some states most doctors can not disclose any medical information about you to anyone for any reason other then law enforcement and/or if you had a work place injury.
You legally do not have to disclose whether you are on medication or not. But if you are taking something that could but your life or others in danger then it is your responsibility to make the right decision.
2006-12-03 14:49:48 · answer #4 · answered by John 2 · 0⤊ 0⤋
If it is essential part of the recruitment and selection process. It depends on the job you are applying for and whether there are any constraints as to whether or not it can be justified.
If they do ask - this is usually on a medical questionnaire which should be kept seperate to the application form itself as this type of information is classed as strictly confidential under the Data Protection Act and must be kept seperate to the Personnel file data.
If they do chose to ask this, then they are opening themselves up wide open to potential discriminatory claims ... this is of course if they can justify it ot not.
2006-12-03 15:05:33 · answer #5 · answered by hmrhmr1717 3 · 0⤊ 0⤋
This has not been legally tested as most lawyers believe the law requires employers to not share information with anyone else. We do not have a constitutional right to not give information to employer i.e. drug testing before. You can refuse & apply elsewhere but not refuse & expect to work for them. The standard is different for goverment, they are much stricter since attorneys believe they can use invasion of privacy by goverment.
That is what the constitutional bill was written for - the goverment.
2006-12-03 14:49:09 · answer #6 · answered by Wolfpacker 6 · 0⤊ 0⤋
I should think that they do have the right. After all, if one needs to have all of their wits about them in order to do a job, esp. if it is a dangerous one like operating heavy equipment, an employer would not want to have the employee getting dizzy or passing out from some powerful med. If you owned a company that required such a thing of its employees, would you want someone being prone to falling off a bulldozer or forklift because of some legal med they were taking?
2006-12-03 14:47:03 · answer #7 · answered by Tony T 4 · 0⤊ 1⤋
they only way for an employer to know anything is if you sign a form giving them permission to check.
if they are just asking but they do not make you sign a form you can lie about medication criminal record etc etc etc
becuz of 9-11 america is security obsessed so if theres no form to sign just lie
2006-12-03 14:40:32 · answer #8 · answered by the wise one 2 · 0⤊ 0⤋
Well I would ask my potential employee only if it were a job where certain medicines were impairing the ability to do a job safely.. like driving a vehicle, or operating machinery. Do you want someone spaced out when they are doing that type of job ?? I sure as hell don't
2006-12-03 14:43:44 · answer #9 · answered by Shawn S 3 · 0⤊ 0⤋
Yes, they take your permission to view your medical records. If not, you would never be able to get work in this country.
From the employers' view, they do not want to employ a new candidate falling apart and cost them a hell lots of money paying for his medication and compensation.Would you??
2006-12-03 14:43:48 · answer #10 · answered by Anonymous · 0⤊ 1⤋