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Old 01-16-2011, 01:04 PM
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If a lie was told during the interview process, such as - do you take any prescription drugs...- and is later discovered, the consequences might be severe.

Asking personal/health questions during the interview process.. is ILLEGAL.. I once had a telephone interview and the "boss" asked me how old I was... I answered the question...but.. later talked to HR .. who was part of the conversation.. and told them they should inform the boss about such laws and they said that they about choked .. when he came out with that question.

Employers are getting around this by putting in the job description... able to lift 20 lbs... stand on your feet for 8 hrs...etc...etc... if you claim that you can meet these job description.. and you can't... then they have reason to dismiss you because you have mis-represented yourself.
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Old 01-16-2011, 10:29 PM
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As I stated - in a perfect world...

Small employers care less about the legalities of what can and cannot be asked. A friend of ours was reported to the employment board and his response was his question was misunderstood... No action was taken.

Small employers can ill afford the hiring of employees that will ultimately cost them money.

I still think this is a difficult situation. As quoted "it's a dog eat dog world out there and I'm wearing milkbone underwear". We all are!
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Old 01-17-2011, 12:07 AM
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The "labor boards" are known for being "paper tigers"... they exist for the pure purpose to meet some regulation that they do exists.

With a medical issues... it should fall under the ADA and it was written with vague verbiage so that the courts could define what the act should entail.

The fines for violating the ADA can be quite draconian and all it takes is one over-eager attorney to go after making an example out of a employer to get the attention of the entire employer population... and typically they pick on the weakest of the lot... they are the easiest to slaughter.

This is one of the disadvantages of having an interview one on one or with everyone "on the other side of the table"... for it is easy for it to be said that there as a mis-understanding... or what you heard and not what I said... some similar cop-out to cover up a lie.
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Old 01-17-2011, 02:55 AM
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That's why I would consult a lawyer (assuming I was financially sound and getting ready to deal with a long term condition) and check where I stand with the law, and I understand it varies state to state in the US?

The reality is if you admit to medical conditions which have the potential to compromise your performance your application goes to the bottom of the pile, no matter what the size of the company you are applying for.

If it comes down to having a job and having no job... which would you prefer? If you can get a foot in being honest, then that's great. If that doesn't work, time for dirty tricks!
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