138k views
2 votes
Can an employer inquire about medical conditions during the hiring phase? If so, when and in what way? How about after the individual is hired?

User AlexKost
by
8.4k points

1 Answer

2 votes

Final answer:

Employers are not allowed to ask about medical conditions during the hiring phase due to protections in the Civil Rights Act of 1964. However, they may inquire about medical conditions after hiring if it is job-related and consistent with business necessity, following the guidelines of the ADA.

Step-by-step explanation:

According to the Civil Rights Act of 1964, employers are prohibited from asking questions about medical conditions or any other personal characteristics that fall under protected categories during the hiring phase. This includes questions about disabilities, medical history, or any other information related to a person's health. Asking such questions can result in legal action against the employer. After an individual is hired, an employer may inquire about medical conditions if it is job-related and consistent with business necessity. However, they must follow the guidelines set by the Americans with Disabilities Act (ADA) to ensure that any inquiries are lawful and non-discriminatory.

User RANJIT PATRA
by
8.2k points