Terrie Posted September 29, 2003 Share Posted September 29, 2003 I had my followup with my surgeon on Friday - and it was quite uneventful! YIPPEEE!!!! Just a great visit with his staff - two of which I bonded with over the past year and they came back to visit me - they have moved on to other positions. Doc said I am to do whatever I wish - there are no limitations - boy, he said a mouthful!! Great day!! Then, I received a call for a job interview this week. I have been fluctuating on whether or not it is time to return to work - still building stamina, trying to get my house in order and keep up with those 4 kids! I sent out a couple of resumes and now I must deal with those consequences. A question for you, my friends - do I tell a prospective employer of my health history???? My husband says by all means I should - I'm afraid the term "lung cancer" will scare off any prospective employer?? What do you all think?? To add to the good news - spent the weekend in the woods with my family - and even drove the ATV for the first time in over a year - HOW GREAT WAS THAT???!!! Just wanted to share my good news and prospective good news and ask your opinions. Thanks to you guys for all your support this year - I don't think you know how much this board means to me! Terrie Quote Link to comment Share on other sites More sharing options...
Don Wood Posted September 29, 2003 Share Posted September 29, 2003 Terrie, so glad to hear the good news. On the question, I guess I come down on the side of not offering the info unless asked. I would not lie on a direct question, or on a form, but I don't think I would volunteer the info up front. Just my view. Don Quote Link to comment Share on other sites More sharing options...
Ry Posted September 29, 2003 Share Posted September 29, 2003 NO! You do not tell an employer about your history and by law they are not allowed to ask. Due to the Americans with Disabilities Act, they can only ask if you can do the job "with or without limitations." They won't ask unless they are idiots and you shouldn't volunteer your health info, number of kids etc. Good luck with the job! Quote Link to comment Share on other sites More sharing options...
judysdaughter Posted September 30, 2003 Share Posted September 30, 2003 Well it sounds like you are on a roll. Good for you!! First, to give you my credentials. I am a Senior HR Analyst for a City government. With government jobs, we definitely are more stringent on following the law. Does the company have more than 50 employees? If not, you might want to be more quiet. Companies with less than 50 employees are not always subject to the same regulations. SEcondly, Ry is correct that they can only ask whether or not you are able to perform the ESSENTIAL job functions, with or without accommodations. You could, however, discuss it POST job offer. If the company were to withdraw their offer, they would be on shaky ground legally. Why would I want to discuss it? Well, you many need some kind of accommodations (temporarily shortened work schedule, flexibility for appointments, etc). I would imagine it could be a stressful situation if you felt like you had to lie or withhold info from people that you work with every day. Also, do you really want to work some place that is not supportive? Just throwing out the other side. You don't want to shoot yourself in the foot, which is why I'd wait until post-offer. Also, if it is a final offer, I'd ask for something in writing so you have documentation. Often times employers make "contingent" job offers, pending the results of a pre-employment background and reference check. Some also do pre-employment drug screens and physicals. On a drug screen, lets say, you may come back positive for narcotics (moriphine). Before the Medical Review Officer is allowed to call it positive, he/she must follow up and determine that there is illegal use. If your doctor has prescribed it for you, then the Medical Review Officer will call it negative. If you are talking about a job that falls under the Department of Transportation regulations, that's a different story. On the pre-employment physical, it can only be used to determine whether or not you are physically able to perform the essential job functions. They cannot legally use a pre-employment physical to disqualify you from consideration because of any health issues unrelated to the actual performance of the essential job functions (i.e. cancer). So, if you do need to go through the above items, I would not disclose until they're completed. Then I would get the offer in writing. At that point, pending the situation, I might have an honest conversation with your new employer. That was a mouthful. I hope it helped. If you have any other questions, just let me know. If I can't answer them, I have our City Attorney's Office available for questions. Good luck and thanks for the news! Quote Link to comment Share on other sites More sharing options...
bobmc Posted September 30, 2003 Share Posted September 30, 2003 Hi Terrie; Yes, your right life is good!! So happy your news was good!! And Ry's got it right on, as a cancer survivor your rights are protected and we go through enough. You do not have to tell them and I for one would not. If you can perform the job your qualified. Good luck to you! God bless and be well Bobmc- NSCLC- stageIIB- left pneumonectomy- 5/2/01 " absolutely insist on enjoying today!" Quote Link to comment Share on other sites More sharing options...
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