Legal Question in Employment Law in Pennsylvania
I have learned I carry the gene for Huntington's disease.
There is a 50% chance that my children will inherit the disease.
Do I have to enter this information in my medical history when applying for a job?
What are the consequences if I choose not to offer this information?
1 Answer from Attorneys
Under the American's with Disabilities Act, employers are no longer allowed to ask general health questions to pre-screen applicants. Employer's can only ask you if you are aware of any reason why you would not be able to perform the essential functions of the job, fucntions which they should enumerate. You are not required to disclose this information except to the extent that it impacts your ability to perform the essential duties of the job. The appropriate inquiry is a current inquiry not a prospective one.
Employers may conduct a post-offer physical exam but the exam must be tailored to determining the applicant's physical ability to perform the essential functions of the job.
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