post job offer medical history statement

[simple girl]

I recently received an offer for a per diem job (as needed type of work - I'm in health care). Well, I'm filling out the packet, and it has a "post job offer medical history statement" form...that is 2 pages long!

I've never had to fill something like this out before for a job - at least nothing this detailed. For any of the "yes" items, you have to fully explain them with "the diagnosis, treatment, results, dates, durations and names and addresses of all doctors and hospitals". They ask a bunch of other questions, too, like if you have ever seen a psychologist, what prescription medicines you are taking, etc., etc.

Good grief. I'm not so sure about this job now. It seems so invasive, though I guess I understand the principle behind it. They want to make sure I can do the job. I also guess if I get injured, they could go back to this and say "Oh, but you already had a history of back pain". I think they are just trying to avoid worker's comp claims.

Has anyone else ever had to fill out such a form in detail for a job?

[tinlizzy]

I think you are right about the work comp issue. The first summer I drove for UPS I was bitten by a dog and broke my nose (loading reams of paper on a cart can be dangerous if the cart flips up and hits your face ) and the insurer wanted a release to access all my medical records. I politely refused but you are kind of in a spot not yet employed by them.

[Brat]

These questions are not appropriate before an offer of employment and these seem to go well beyond those required to assess fitness for the job.

The job offer appears to be an on-call position so how are you to know whether or not your answers caused them not to call you?

Unless you are desperate for work what I would write is "I have no health conditions that put patients at risk or conditions, to the best of my knowledge, that limit my ability to perform the responsibilities of the position."

They may send you to their physician for a check up and that physician may ask the same questions but at least in that setting you have patient-physician confidentiality. They typically just tell the employer whether or not the employee is able to do the job.

Some employers have a detailed job description with lifting, bending etc all spelled out and ask you to take it to your physician for his affirmation of your fitness.

[FUEGO]

We had to fill out that kind of form to get health insurance at our company. Maybe that is what it is being used for. This was at a small employer. They apparently looked at all of our medical histories to underwrite our small business plan and set premiums.

[simple girl]

Quote:

Originally Posted by Brat These questions are not appropriate before an offer of employment and these seem to go well beyond those required to assess fitness for the job. The job offer appears to be an on-call position so how are you to know whether or not your answers caused them not to call you? Unless you are desperate for work what I would write is "I have no health conditions that put patients at risk or conditions, to the best of my knowledge, that limit my ability to perform the responsibilities of the position." They may send you to their physician for a check up and that physician may ask the same questions but at least in that setting you have patient-physician confidentiality. They typically just tell the employer whether or not the employee is able to do the job. Some employers have a detailed job description with lifting, bending etc all spelled out and ask you to take it to your physician for his affirmation of your fitness.

They have made me an offer, but it is "contingent upon verification and screenings." The medical form says: "Notice to offerees: In compliance with the ADA of 1990, you have received a conditional offer of employment. This medical history statement is required of all offerees. The answers to this medical history statement and any medical examination will be kept confidential and in separate files in compliance with ADA requirements. The job offer which you have received is "conditioned" upon the results of this medical history statement, any medical examination, and job assignment availability. The results of this medical inquiry will not be used to exclude an employee from his or her particular position unless the results reveal the employee does not satisfy the employment criteria for the position and the company cannot provide a reasonable accommodation so as to allow the employee to perform the essential functions of the job."

Later on they make you sign and affirm that you were offered the job before asked to fill this out.

I agree with you...it seems invasive and wrong. However, I'm pretty sure it's legal. This is big company, and I'm sure they've run it past their lawyers...I've just never seen anything quite like it before.

[rescueme]

When I started my last job (back in 1979 ), I had to fill out the same type of form, followed by a full exam by the company doctor.

It is for the company benefit (of course) to see if there are any pre-existing conditions that may affect your work (depending on the job) or increase their medical insurance preimum costs (which affect every employee, if you have abnormal claims due to a previous condition).

Anyway, how would the company doctor be able to know if you have/had a problem based upon a one-hour exam, with minimal testing (i.e. no blood tests).

In fact, the guys who drove the company vehicles (e.g. big rigs) had testing done every month (of course, that was driven in later years due to drug usage concerns).

Hey I (along with most folks) have some sort of abnormal medical history (especially at my age ). If you want to know, just ask me...

Since you are a per-diem employee, they can simply not call you if your medical history form has something abnormal, whereas I didn't even receive a solid offer till I completed the paperwork and had the medical exam. That's why (at least to me) that they could hold off on asking the questions till after you received an offer.

[Brat]

Big companies make big mistakes. With a large employer health insurance underwriting is based on demographics (age) and claims experience so this questionnaire is not for that purpose.

It is a free world, you can decline their offer of employment and if you do tell them why. It isn't as if you are being offered a key person position where your illness will put the company in jeopardy. It is only an on-call position after all.

Not everyone would do as I would do - let this 'opportunity' pass. Consider for a moment the extent of the intrusion into your person for the possibility they may call. ADA provides for 'need to know' employee medical information but who knows what could happen to your information if someone left the company and shared what they knew. Then your only recourse would be to sue that individual. I don't have anything interesting in my medical history but I still wouldn't trust them.

My 2 cents.

[Rich_by_the_Bay]

I have been asked about any conditions that might affect my abilities to do my duties, substance abuse, etc. But never for doctors' names, prescription drugs, etc.

I'm afraid you probably have to do it if you want the job but agree it's over the top. Maybe ask HR if you can fill in the items certifying to your job-wellness and absence of relevant impairments, and leave the details out in the interest of privacy.

[deserat]

I'm with Brat and Rich In Tampa on this one - the only place I've been required to answer questions like that is for the military which is a very intrusive profession on many levels....otherwise, it's just been a "you are healthy" or "you will be seeing an MD for a physical"---makes me so glad I'm an independent consultant and on my way to ER. These types of questions are warning lights to me.

[kumquat]

Many years ago, I received an offer from a mega-corp with the provision that I had to supply a doctor's opinion that I was in good shape and able to drive a company car. I accepted the position but never bothered to do the medical thing. 22 years later I retired from said mega-corp. They never got the medical (not that it would have said anything but what they wanted to hear). Things may be different today, or it may just be busy work for an HR department. While the last 3 posters may have good advice, you could try ignoring the request and see what they do.

[Alan]

I'm surprised they are allowed to do this under the ADA regulations. My understanding is that the physical requirements of the job are laid out and the applicant must say if there are any reasons that would prevent the applicant from performing the required duties.

In the briefing I went through with the company lawyers, we were told that if a person came to the interview with his arm in a sling we should ask about the injury lest it be a permanent disability. Having asked about a disability we would open ourselves up for a potential lawsuit if the person did not subsequently get the job.

[Nords]

Quote:

Originally Posted by simple girl Has anyone else ever had to fill out such a form in detail for a job?

Quote:

Originally Posted by deserat ... the only place I've been required to answer questions like that is for the military which is a very intrusive profession on many levels...

Same here!

HR must have had a submarine corpsman or undersea medical officer design their forms...

[Htown Harry]

Here's what the EEOC says about it:

Enforcement Guidance: Preemployment Disability- Related Questions and Medical Examinations.

[Alan]

Quote:

Originally Posted by Htown Harry Here's what the EEOC says about it: Enforcement Guidance: Preemployment Disability- Related Questions and Medical Examinations.

Thanks.

Quote:

Although employers may not ask disability-related questions or require medical examinations at the pre-offer stage, they may do a wide variety of things to evaluate whether an applicant is qualified for the job, including the following: * Employers may ask about an applicant's ability to perform specific job functions. For example, an employer may state the physical requirements of a job (such as the ability to lift a certain amount of weight, or the ability to climb ladders), and ask if an applicant can satisfy these requirements. * Employers may ask about an applicant's non-medical qualifications and skills, such as the applicant's education, work history, and required certifications and licenses. * Employers may ask applicants to describe or demonstrate how they would perform job tasks.

[simple girl]

Quote:

Originally Posted by Htown Harry Here's what the EEOC says about it: Enforcement Guidance: Preemployment Disability- Related Questions and Medical Examinations.

Thanks for this link. Here's what it says about what they can do post-offer:

Quote:

The Post-Offer Stage After giving a job offer to an applicant, an employer may ask disability-related questions and perform medical examinations. The job offer may be conditioned on the results of post-offer disability-related questions or medical examinations. At the "post-offer" stage, an employer may ask about an individual's workers' compensation history, prior sick leave usage, illnesses/diseases/impairments, and general physical and mental health. Disability-related questions and medical examinations at the post-offer stage do not have to be related to the job.19 If an employer asks post-offer disability-related questions, or requires post-offer medical examinations, it must make sure that it follows certain procedures: * all entering employees in the same job category must be subjected to the examination/inquiry, regardless of disability;20 and * medical information obtained must be kept confidential.21

I think what I am going to do is disclose just the bare minimum - if they want details on doctor names, etc., they are going to have to make a special request to me for it. I don't really have anything to hide, but giving out such details to an employer doesn't feel right.

[Moemg]

In order to get my Nursing license in Florida I had to fill out endless forms including a note from an MD stating I was sane . The MD 's I worked for chuckled and said they had to think about that .

[Alan]

Quote:

Originally Posted by Moemg In order to get my Nursing license in Florida I had to fill out endless forms including a note from an MD stating I was sane . The MD 's I worked for chuckled and said they had to think about that .

On my post offer exams and tests, I had to do a psychology test, and the psychologist gave me his feedback afterwards. In fact this was the 3rd such test I had when applying for jobs. (I failed the previous 2 and didn't get the jobs )

That way the employer has documented proof of the level of my insanity from the start

[simple girl]

Quote:

Originally Posted by Alan On my post offer exams and tests, I had to do a psychology test, and the psychologist gave me his feedback afterwards. In fact this was the 3rd such test I had when applying for jobs. (I failed the previous 2 and didn't get the jobs ) That way the employer has documented proof of the level of my insanity from the start

Did you show them your hairy legs during the interview? That might have had something to do with it.

[Alan]

Quote:

Originally Posted by simple girl Did you show them your hairy legs during the interview? That might have had something to do with it.

Rats !!, wish I hadn't worn shorts at the interviews