Your questions answered: Do job candidates have to disclose medical issues?

By Portner Press on February 25th, 2019
  1. Bullying, Harassment & Discrimination
  2. Discrimination in the workplace

 

Q
Is a job candidate required to disclose medical issues during the recruitment process?

 

A
You are only entitled to ask pre-employment questions if they relate to the inherent requirements of the role you are recruiting for. You need to be mindful of anti-discrimination legislation when asking pre-employment questions. Section 30 of the Disability Discrimination Act 1992 (Cth) prohibits requests for information in respect of a disability if it would be unlawful for you to discriminate on the basis of the disability.

Discrimination in the workplace will be lawful if all reasonable adjustments will not enable the prospective employee to perform the inherent requirements of the role. A reasonable adjustment is any adjustment that would not impose an unjustifiable hardship on you. The second issue for you to consider is whether the employee was required to respond to pre-employment health questions. If you have posed questions about the medical fitness of the employee to perform the role in a pre-employment questionnaire and your employee has given false answers, this may give rise to a right to summarily terminate employment.

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