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Home / New Zealand

<EM>Ask the expert: </EM>What to tell an employer

7 Nov, 2005 12:18 AM3 mins to read

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Q. I am quite surprised at the amount of personal information required by some employers. In particular, where applicants are required to sign a declaration that they are not suffering from any disability that would prevent them from doing their job. This must put some applicants in a difficult position. What about the medicated epileptic or diabetic person, or one with a bi-polar or schizophrenic or depressive condition who is on permanent medication? Or a recovered addict or alcoholic? If their condition has never caused an employment problem in the past, do they have an obligation to reveal very personal details to a future employer?

The application process is intrusive by its nature, as both sides - employer and employee - are trying to find out as much about one another as possible, including what each is able - and not able - to do.

Ideally, employers would ask about your abilities rather than an illness or disabilities. Questions can be general or can ask for specific examples from your past employment, as they would for other types of ability.

The general type of question that you have highlighted in which applicants are asked about any disability that would affect their performance, puts all the onus on the potential employee to assess their suitability, possibly without knowing what the exact job requirements are. In that context, as in any other aspect of the search for employment, both employees and employers are supposed to act reasonably and in good faith. If you know of no aspect of your health or ability that will affect the job as you understand it, then you can sign such a declaration, lumps, bumps and minor ailments notwithstanding.

Where potential employees have conditions that are either controlled by medication or that were in the past and are not currently affecting performance, it would seem to me to not require such a disclosure. Employers shouldn't ask questions that may lead them into decisions that are tainted by inappropriate considerations of disease status or disability and job applicants should not hide or falsify information that is relevant to their ability to perform. Both sides need to exercise common sense; an asthmatic should avoid trigger conditions, diabetics are well aware of rest and nutritional requirements to maintain energy and alertness, and some medications may reduce alertness - each condition rules out certain work and would be relevant in some circumstances.

The issue regarding disclosure of a police action may be related to dishonesty offences, as you suggest, but assault charges can be just as problematic if you are being considered for a stressful customer service role, and any type of charge that includes the possibility of detention will disrupt your ability to hold down employment. Each time, both employer and applicant need to think through job requirements, and match them to the abilities and limitations of each applicant.

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