Pre-employment medical examinations are a standard step in the hiring process and annual physical check-ups are customary for employees. Nonetheless, employers cannot use results from medical assessments against applicants or employees. This prohibition extends to medical screening practices that create prejudicial distinctions.
Intrusive and unnecessary health screenings
It is discriminatory for employers to conduct health screenings to identify those with health risks and disabilities and exclude them from the hiring or promotion list of the company. This includes asking an applicant whether they have a disability, what the nature of their disability is and what medications they are taking for it.
For example, an employer asking applicants whether they have been taking medications or attending therapy for the past few months exhibits prejudicial distinction based on medical considerations.
Broad medical screening guidelines
Unfortunately, some employers use one-size-fits-all screening guidelines for all employees that result in inaccurate determination of an employee’s ability to work. For instance, inferring that all employees diagnosed with mental health disorders are unstable and unfit to work for any position is a faulty generalization and discriminatory.
Do not let your medical results define your work
Health screenings are not new in the workplace. However, employers should conduct them fairly and within the bounds of the law.
If you believe you have been rejected from a job position, refused a promotion or declined other benefits because of your health status, despite being able to perform the job safely and efficiently, you can explore your options to pursue a discrimination case.
