Legal Question in Employment Law in Florida

empolyer joining employee leasing compayn

our employer is talking about joining a employee leasing company and all will become employees of leasing company. There are forms to be completed most are no concern execept a medical health form which questions have no relationship to employment

examples: if you have had any type of surgery, when

type & MD, do you have varicose veins, are you taking any medications- describe all, family history of any and all diseases. This form is more medical history then you would give your physician. this form must be completed or employer has right not to continue your employment. Is it necessary to complete this form and does the employer have the right to this confidential medical information??


Asked on 8/10/00, 8:24 pm

1 Answer from Attorneys

Paul A. Capua Lorenzo & Capua

Re: empolyer joining employee leasing compayn

Generally speaking, an employer may only ask an employee or prospective employee about medical information which relates to the employees ability to perform the essential functions of the job. The EEOC this year issued new guidelines identifying precisely the kinds of questions that are permissible and those that are not. To find this information, it may be helpful to look at the EEOC's website, or call them.

Altough it seems your employer is asking intrusive medical questions, there is not enough information provided to determine whether or not it has gone too far.

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Answered on 8/11/00, 4:49 pm


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