›

applications

tomtom 24 Posts
in HR & Employment Law Vote Up0Vote Down
We are going through a revision of our employment applications. Years ago we had a question asking "if there were any impairments, physical, medical, or mental, which would prevent you from performing in a reasonable manner, the job or occupation for which you applied?" This was removed for fear of violation of various state and/ or federal ADA or human rights laws.
Is there a similiar statement that you are allowed to place on employment applications or if not, on new hire paperwork once a candidate is hired?
Also, can you ask an employee if they ever had a workers comp injury and details?
Thanks- Tom

Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
    PMVote Up0Vote Down
    Generally, you can ask about abilities, not disabilities. So you can ask a question like:

    "Are you capable of performing the essential functions of this job with or without a reasonable accomodation?"

    Then of course, you should provide the applicant with a list of essential functions to review, so they can answer the question.

    As for asking about workers' compensation, that will depend on the law of your state. However, I would be very wary of asking it.

    Good Luck
    Share on Facebook Share on Twitter
  • tomtom 24 Posts
    PMVote Up0Vote Down
    Thanks Theresa for your prompt response. Do you have this clause on your applications? I wonder if it is better just to leave off?
    Share on Facebook Share on Twitter
Sign In or Register to comment.