Does Employer Have Right to Ask About Health?

Dear J.T. & Dale: My daughter recently had surgery for thyroid cancer, and now has to start looking for a job to help support her and her children. The scar on her neck is very large. Everywhere she goes, everyone stares at it. She is concerned about job interviews. Does the employer have any rights to ask about her health? — Barbara

J.T.: No, companies cannot, by law, ask about her health. However, if she cannot physically do the job, she needs to be honest with herself and them — taking a job you know you can’t do can lead to termination.

Dale: But the worst thing she can do is leave interviewers wondering about her health. No manager wants to train a new employee who is going to have frequent absences.

J.T.: So, if she can cover the scar with a turtleneck or scarf, I think that would help — it would help avoid the issue during the interview and help your daughter feel less self-conscious. If not, she can voluntarily say, “I had surgery, and everything is fine — I just ended up with some scarring.”

Dale: Exactly. Interviewers usually assume the worst. Not because they’re bad people, but because their first objective is to avoid a “bad hire,” which is anyone they hire and then end up having to fire, or who — worse yet — can’t do the job but can’t be fired. So, getting back to your daughter, if the scar is visible, employers can’t ask, but she can tell. With a bit of rehearsal, she can not only declare victory over her health problems, but do so in a way that says something about her character: She is determined, a fighter and, translating that into workplace terms, someone who will overcome obstacles to get the job done.

J.T.: Moreover, by answering the questions in interviewers’ minds, she’s proving that she’s proactive, demonstrating to them that she cares about what HR is thinking, and is willing to address their concerns.


Jeanine “J.T.” Tanner O’Donnell is a professional development specialist and founder of CAREEREALISM.com. Dale Dauten’s latest book is “(Great) Employees Only: How Gifted Bosses Hire and De-Hire Their Way to Success” (John Wiley & Sons). Please visit them at www.jtanddale.com, where you can send questions via e-mail, or write to them in care of King Features Syndicate, 300 W. 57th St, 15th Floor, New York, NY 10019.

© 2009 by King Features Syndicate, Inc.

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