The Equality Act, which became law on Oct. 1, 2010, prohibits an employer from asking a job applicant questions about his or her health. The restriction applies only to pre-hire questioning, meaning that a job can be offered on the condition that the person undergoes a health screening or questionnaire.
The catch here, however, is that, should an employer extend a conditional job offer based on a health screening and then not hire the individual, that person can seek a legal remedy based on disability discrimination claims.
Personnel Concepts offers a complete set of compliance programs and kits to help employers avoid such legal hassles on its Harassment and Discrimination section on its Web site. Go there today to ensure your company is fully compliant and protected.