I have a legal question to send out. I've been uninsured for 3 yrs. plus going to college. I finished school not long ago and am going for my first job. I have been asked to bring in my latest a1c result (definitely less than optimal because of being uninsured) and doctor's notes. Does anyone know if a less than wonderful a1c can allow the workplace to not hire me?

Views: 202

Comment by Mike Ratrie on March 5, 2013 at 7:20pm

I just did a quick google search on: "is it legal for an employer to ask for health information?" and received a wealth of information.

My recollection is that they can't ask questions about your health unless it is job-related. A pilot, for example, would need to demonstrate good health and good control with regard to their diabetes.

Comment by Gerri on March 6, 2013 at 1:24am

How does this employer know you're diabetic to ask for A1c & doctor's notes? Never heard of that. Not legal for an employer to ask health related questions, unless, as Mike said, it's directly related to the tasks needed for the job.

Comment by PatientX on March 6, 2013 at 8:16am
That seems like a lawsuit waiting to happen because of the hipaa law violation. One word of advise. Never disclose your medical conditions when applying for a job. Get your foot in the door and let people get to know you. Once you establish your reputation then you can request accommodations. What type of job are you looking for? I am a software engineer and I have worked for 3 companies since I was diagnosed and I never told them my health history.
Comment by Brian (bsc) on March 6, 2013 at 8:51am

Under the American with Disabilities Act (ADA), employers with 15 or more employees are barred by law from asking you whether you have diabetes, your A1c and about your use of medications, including insulin. There are certain exemptions, such as pilots, but very few. If you disclose you have diabetes, the employer may only ask two questions; whether you need reasonable accommodations and what type of accommodation. Bear in mind that many very small businesses may not be subject to this law and it is always up to you to stand up for your rights.

Comment by TC on March 6, 2013 at 2:11pm

I concur with Brian on this. However, there may be some loop holes, for instance, if a candidate brings the topic up--even so, I still don't think it is okay to request your latest A1c.

Comment by BriannaM on March 6, 2013 at 5:11pm

I'm looking to be hired as a medical assistant and have to complete an occupational health exam. Therefore I was required to get blood work done and bring in my medications, so that's how they learned about the diabetes. I don't disclose that I'm a diabetic unless absolutely necessary because I feel it has never affected my job performance.

Comment by Gerri on March 7, 2013 at 12:26am

Please let us know what happens with the job. Are you certain they tested A1c since that wouldn't normally be included? Legally, you can't be disqualified based on having diabetes, but they won't tell you that's the reason. Of course, they're looking for anything communicable & often testing for illegal drug use. I had to have a TB test for a job in the mental health field.

Comment by BriannaM on March 7, 2013 at 6:34pm

I got the job. I was just too worried about nothing I guess. The company doc. asked if I had passed out within the last year, which was a no, told me to work on the a1c and then sent me on my way. I was concerned just by the fact that they required it. Thanks to everyone for the advice.

Comment by Gerri on March 7, 2013 at 8:35pm

Congratulations! Enjoy the new job.

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