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If physical exam is given to new employees, similar exams must be given to all employees in same job category.Results must be kept confidential.Exams must be related to ability to do the job – not to screen out employees with potential health problems.Questions That Are IllegalDuring A Job InterviewMCj03036750000Do you have AIDS?Have you ever been treated for mental health problems?Have you ever filed for workers’ compensation benefits?Do you have a disability that would interfere with ability to perform the job?How many sick days were you out last year?Have you ever been unable to handle work-related stress?Have you ever been treated for drug addiction or drug abuse?Past addiction is a disability; current use of illegal drugs are not
Current alcoholism is protected disability – applicant may not be asked re: drinking habits (can ask if person has been arrested for DUI)Other Questions: Can you ask?Age? NoComputer skills if applicant won’t use them? NoMarried? Children? NoSexual Preference? NoBeen in therapy? No“Get the Women Out of My Class”MCPE06548_0000Winston (teacher) was fired over sexual misconduct.He kissed an 18-year-old female student “after a sexually suggestive conversation”.Winston sues the school, claiming he had a “mental handicap of sexual addiction”.Expert witness testified he had this disorder, which had led to seeking services of prostitutes and was a permanent condition.Held: Complaint dismissed.ADA excludes “sexual behavior disorders” from the term disability.Violations by EmployersUsing standardized employment tests that screen out people with disabilitiesRefusing to hire applicants due to history of alcohol abuse rather than currently alcohol abusersRejecting a job applicant because he/she is HIV-positiveAsking job applicants if they have disabilities, rather than asking if have ability to perform the jobLimiting advancement opportunities for employees due to their disabilitiesNot hiring a person with a disability because the workplace does not have a bathroom to accommodate wheelchairs