You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "What previous medical conditions have you experienced?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on?

Question

23-03-2020
Business

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You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "What previous medical conditions have you experienced?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on?

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Answer:

A Federal law states that an employer is not allowed to treat the applicant in a different way because of medical history. This law mostly includes applicants which had cancer and HIV.

Explanation:

Would this be an employment standard to avoid?

Yes, this action can result in a legal move against the company. Therefore is necessary to police the HR employees in order to not commit those risk questions.

If this is an employment standard to avoid, what law or court decision is it based on?

Employment discrimination law in the US originates from common law and written in several states and federal laws, including the Civil Rights Act of 1964