Employment disclosure

[unidextr]

----- Original Message -----
From: James Stewart <sds at globalserve.net>
To: Amputee Information Network <amp-l at u.washington.edu>
Sent: Saturday, April 10, 1999 9:41 AM
Subject: Re: Employment disclosure


>
>I've always gone by the "if they don't ask" rule.

I'm not familiar with the law in Canada, but in the US if a prospective
employer "asks" they have violated the law.  Additionally a prospective
employee has no obligation to disclose that they have either a medical
condition
or a disability and the advice given by the US EEOC (the agency responsible
for
enforcing the employment provisions of the ADA) is to NEVER volunteer this
information even if asked in violation of the law on an employment
application or
pre-employment questionaire!

>Usually there has been a
>physician's exam pre-employment anyway and I never hide the amputation from
>them (sounds ridiculous but they sometimes don't check).  Conversely, I
>don't make it a secret - if, during an interview they notice either gait or
>the outline of the prosthesis, I say "Oh, yes!  BTW I have a prosthesis."

If there is in fact a reqirement for a PRE employment physical examination
ALL applicants must be required to undergo it and if in fact the disability
is noted during the examination, the disability can not justify the
non-selection
of the applicant without adequate supporting justification - i.e. an
applicant
for the position of tea taster has an impaired sense of taste, or a color
mixer in
a printing facality is a male with red-green color blindness (although I
know one of the
engineers who was involved in the initial development of the RCA color TV
system
was color blind!)

They may notice it, but again any inquiry concering it is a violation of the
law and by this time no one involved in the employment process of a business
would even think of asking anything about something like that!

>As long as the work can be done, it's no biggie.

The prospective employee is supposed to be evaluated using the same
criteria as any other applicant and only if they have a disability that
would
materially preclude them from performing the job they are being considered
for
can it be used to disqualify them.  As you say if they can perform the job
and
are otherwise qualified the fac that they are an amputee or had cancer is
not adequate to deny them employment!

Dan -H