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I am thinking of hiring someone for a childcare position. I would like to ask them for a doctors note regarding thier history of depression - is that legal??

2007-03-31 07:33:42 · 4 answers · asked by LH34 1 in Politics & Government Law & Ethics

4 answers

This would be legal only if you could demonstrate that this is required in order to perform the duties of the job.

2007-03-31 09:37:11 · answer #1 · answered by MikeGolf 7 · 1 0

No, it isn't. However, you CAN ask for documentation of medication they are taking from the physician IF they fail a drug test. Otherwise, the potential (or current) employee does NOT have to tell you about their depression. This falls in part under the Americans with Disabilities Act. Federal Labor Law, and state as well, does prevent you from doing such a thing.

2007-03-31 07:44:46 · answer #2 · answered by cyanne2ak 7 · 0 0

I don't really know much about that, but I don't think inquiring about their depression history is legal. However, I think it's okay if you do ask for a doctor's note regarding this person's right to use these medications for treatment.

2007-03-31 07:37:21 · answer #3 · answered by ms_attention 6 · 0 1

You can request a note from doctor to allow them to do a particular job, especially when involved with care of other persons, or operating machinery.
I would be concerned with depression as well.
If applicant will not get a release to work note from doctor I would not consider that person to care for my child.

2007-03-31 07:45:04 · answer #4 · answered by the wanderer 4 · 0 0

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