Legal Question in Disability Law in Texas

are these disability questions legal?

I have recieved a job offer but I have to under-go a physical exam and drug test. I have epilepsy and since I take Phenobarbital for it I have to disclose that I will show up hot for barbituates on a drug test resulting in an inadvertant discloser that I have epilepsy. The employer has requested that my phisician answer the following questions: What was the cause of the seizures, What was the date of the first seizure, what is a single seizure, or was there more than one seizure, what was the date of the last seizure, what are the results of all EEG's, what are the latest blood levels of the medication being taken. Is it legal to ask these questions? I thought the only questions that they could ask would be for a medical examiner to determine if the applicant is able to performe the functions of the job and the risks of reccurance.


Asked on 6/02/07, 5:50 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: are these disability questions legal?

This seems to be a lot of questions about your condition. Generally, after a conditional offer of employment has been made, the employer can ask what are otherwise prohibited health questions. There may also be an issue as to whether or not the questions exceeded the scope of what the employer has need to know.

Read more
Answered on 6/04/07, 4:15 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Texas