Comments on: Is it legal for employers to discriminate based on a history of depression? http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/ Thu, 17 May 2012 12:35:49 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Dr_Adventure http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/comment-page-1/#comment-2943 Dr_Adventure Sat, 20 Mar 2010 14:52:49 +0000 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/#comment-2943 You are fully covered by the American with Disabilities Act. You can be terminated if you are unable to complete you job, which depression could cause. However, past or even future hospitalization are not grounds not to be hired and/or fired. That said I probably would consider how to present this information in an interview. In some contexts (such as a patient advocate) it could be a real asset (sometimes even a requirement).<a href="http://www.englishoverseas.com/teach-english/teach-english-brazil.htm"> Dr_Adventure</a> You are fully covered by the American with Disabilities Act. You can be terminated if you are unable to complete you job, which depression could cause. However, past or even future hospitalization are not grounds not to be hired and/or fired. That said I probably would consider how to present this information in an interview. In some contexts (such as a patient advocate) it could be a real asset (sometimes even a requirement). Dr_Adventure

]]> By: Boo Boo Head http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/comment-page-1/#comment-2942 Boo Boo Head Thu, 18 Mar 2010 00:14:45 +0000 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/#comment-2942 You cannot be discriminated based on a hospitalization. However, you mention that there are Gov't jobs that you are interested in as well. SOME, not all, gov't jobs do require a security clearance. You must disclose this info if you are to be granted a certain level of security. But, that would only be for Top Secret. I highly doubt that is the type of work you want. You also mention that you want to help others who suffer...that could be your foot in the door. Having firsthand exp is always a plus....you just need the degree for it or the certifications. Go for it and help those who need it....I know that it was hard for me w/ depression and being able to tell them that you were in their shoes, at one point in your life, would help w/ the trust issue and make them feel like there is that hope that they have been searching for......... GOOD LUCK!!!<a href="http://www.supersportsstore.com/snowboard-7817"> Boo Boo Head</a> You cannot be discriminated based on a hospitalization. However, you mention that there are Gov’t jobs that you are interested in as well. SOME, not all, gov’t jobs do require a security clearance. You must disclose this info if you are to be granted a certain level of security. But, that would only be for Top Secret. I highly doubt that is the type of work you want. You also mention that you want to help others who suffer…that could be your foot in the door. Having firsthand exp is always a plus….you just need the degree for it or the certifications. Go for it and help those who need it….I know that it was hard for me w/ depression and being able to tell them that you were in their shoes, at one point in your life, would help w/ the trust issue and make them feel like there is that hope that they have been searching for………

GOOD LUCK!!! Boo Boo Head

]]> By: tracymoo2002 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/comment-page-1/#comment-2941 tracymoo2002 Tue, 16 Mar 2010 13:54:20 +0000 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/#comment-2941 Your medical records are not open to employer background checks, unless you were treated while incarcerated - then you have a whole 'nother set of issues! The only worry here is if you are on certain medications that might show up in a urinalysis - there should be a disclaimer you can fill out prior to testing to list any prescribed medications. You are NOT obligated to state what the medications are for, though the employer may ask for a doctor's certification that they prescribed it/them. Even if a potential employer finds out about your previous treatment or hospitalization, they would have to provide some other valid reason for not hiring you.<a href="http://www.ecohomefashion.com/gifts-for-women-and-men-56"> tracymoo2002</a> Your medical records are not open to employer background checks, unless you were treated while incarcerated - then you have a whole ‘nother set of issues! The only worry here is if you are on certain medications that might show up in a urinalysis - there should be a disclaimer you can fill out prior to testing to list any prescribed medications. You are NOT obligated to state what the medications are for, though the employer may ask for a doctor’s certification that they prescribed it/them. Even if a potential employer finds out about your previous treatment or hospitalization, they would have to provide some other valid reason for not hiring you. tracymoo2002

]]> By: Pink1967 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/comment-page-1/#comment-2940 Pink1967 Tue, 16 Mar 2010 13:16:56 +0000 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/#comment-2940 Per the HIPAA act of 1996, you are protected from potential employers seeing your medical records. An employer cannot legally discriminate against you because of this and the ADA law of 1990. So the answer is no, employers cannot use your medical records against you when they are in the hiring process.<a href="http://www.businessbrokersguide.com/vr-business-broker.htm"> Pink1967</a> Per the HIPAA act of 1996, you are protected from potential employers seeing your medical records. An employer cannot legally discriminate against you because of this and the ADA law of 1990.

So the answer is no, employers cannot use your medical records against you when they are in the hiring process. Pink1967

]]> By: ragtad http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/comment-page-1/#comment-2939 ragtad Sun, 14 Mar 2010 09:58:52 +0000 http://www.legaldot.net/blog/is-it-legal-for-employers-to-discriminate-based-on-a-history-of-depression/#comment-2939 Employees are not allowed to discriminate, period. I don't think that social work should be at all hindered by a history of depression. I say go for it. There are some jobs that could be denied if a current problem of depression or mental illness was reported. I have been working as a security guard for three years now. When I was first hired I was required to have a mental health evaluation performed because of my history with depression. The doctor okay my line of work as long as I am not in a position that requires me to carry a weapon.<a href="http://www.resumeminers.com/Continuing-Education/Business-School-Admissions-Essay.htm"> ragtad</a> Employees are not allowed to discriminate, period. I don’t think that social work should be at all hindered by a history of depression. I say go for it. There are some jobs that could be denied if a current problem of depression or mental illness was reported. I have been working as a security guard for three years now. When I was first hired I was required to have a mental health evaluation performed because of my history with depression. The doctor okay my line of work as long as I am not in a position that requires me to carry a weapon. ragtad

]]>