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 Illegal
During A Job Interview
MCj03036750000[1]
Do 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? No
Computer skills if applicant won’t use them? No
Married? Children? No
Sexual Preference? No
Been in therapy? No
“Get the Women Out of My Class”
MCPE06548_0000[1]
Winston (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 Employers
Using standardized employment tests that screen out people with disabilities
Refusing to hire applicants due to history of alcohol abuse rather than currently
alcohol abusers
Rejecting a job applicant because he/she is HIV-positive
Asking job applicants if they have disabilities, rather than asking if have ability
to perform the job
Limiting advancement opportunities for employees due to their disabilities
Not hiring a person with a disability because the workplace does not have a
bathroom to accommodate wheelchairs
