Discrimination: Is It Illegal for an Employer to Ask Me about My Medical History?

If you are subjected to questions about your medical history in a job application, it could be in violation of federal and state discrimination laws. Discrimination underlined with red marker

According to SanDiego6.com, three California seed and fertilizer providers have agreed to settle a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of job applicants who were subjected to “illegal medical and genetic inquiries.”

The website reported that All Star Seed Inc., La Valle Sabbia and Abatti required applicants to undergo physical exams and fill out health questionnaires as a condition of employment. The EEOC said that this violated federal laws regarding inquiries about applicant medical conditions and family medical histories.

“There are strict guidelines prohibiting inquiries into a job applicant’s medical condition and disability prior to hire,” said Marla Stern-Knowlton, director of the EEOC’s San Diego office, according to SanDiego6.com.

The EEOC claimed that at least one applicant was denied hire because of the inquiries. The applicant claimed that the disability had no correlation to the work he was expected to perform.

Additionally, at least three other workers claimed that they were asked questions about their family health background, with some saying that they were forced to undergo medical examinations.

How Do I File a Discrimination Lawsuit?

Keep in mind, it is illegal in California to discriminate against a person who is perceived to have a disability. If an employee is not disabled, and an employer believes he or she is and discriminates against him or her, it is also illegal.

You should not be subjected to unfair prejudice because of misconceptions about your health. If you are subjected to discrimination at work or during the application process, you could be entitled to compensation.

Contact our attorneys today to make sure your employer is held liable for your predicament.

Kesluk, Silverstein & JacobLos Angeles employment attorneys

Source: http://fox5sandiego.com/2014/11/10/agricultural-companies-settle-lawsuit-over-illegal-medical-inquires/