Can employer ask about health issues?

My son works for a large company. Since there, he has been having some health issues and has been to doctors and has had many tests done, but to no avail has been diagnosed. He has not missed alot of work, but hates his job and just quit. He gave them 3 weeks notice. The doctors told him there was nothing they could do for him, so why worry about health insurance? He turely hated his job and asked us if he should quit and we said yes, as the stress may be just one of the problems. He's 24. NOW, the company said he should apply for other positions within the company, since it's more the job he hates, not the company. He has to apply for it, but can the department head, that he will be interviewing with, ask him about his health? If it's in the file, I would say yes. But is it legal? Thanks!
Additional Details
It's not due to the job at all. But, the doctors do not know why he's having the symtoms, either. I'm sure they can legally ask though. But is it even in his file??? Thanks to you all.

michr

they can not make an employment decision based solely on health issues. they can ask about his health if they ask everyone who applies the same question and that question relates to the ability to do the job. their decision can not be based on the illness but only on the ability to perform the essential duties of the job.

if he has missed any work then there is a record of that fact in the employee file and the employer has every right to discuss the absenteeism issue. they don't have to know about the health issue but he will have to be able to convince them that the issues that have caused him to miss work in the past have been addressed. it may be in your sons best interest to volunteer the information in a manner that explains what has happened in the past how the doctors see his prognosis for improvement and how he is addressing the absenteeism potential.

his health and it's effects on insurance availability or cost to the company can not be considered by the company.

the only thing concerning his health they can consider is how it effects his ability to perform the essential duties of the job, with or without reasonable accommodation.

tkquestion

Your son turned in resignation and in return, they offered him a position. I'd take advange of it.... His boss knows his medical problems and absenses and he still offered his a position. It says a lot about how your son is being viewed in the company.

His record likely contain how many days he has missed and the reasons he gave his boss for the absense. It does not likely to contain medical records.

Can they ask during the interview? I don't actually know, but it doesn't matter. The interviewer can look at the record anyway, and your son doesn't know what is causing his problem. Certainly, the company doesn't know.

They are giving him an option to try out a new position. If it doesn't work out, he can always leave for good.

leysarob

Yes -- and it's mostly their duty to ask. Your son may have special ADA needs, or need time off under FMLA, so they have to ask. If were simply an applicant who did not already for the company they would not be able to ask the same types of questions they ask a current employee.

Victoria

depending on what kind of job he has it could fluctuate. But if it is something like computer work then there should be no reason. if it was a labor type job well you would understand.

paulcondo

o yes

Burt C

Yes, they can.....
Because your son is already employed with the company...He becomes, company property and he is subject to different rules.
If he can prove that health issues are work related..He can use workman compensation to treat the symptoms.
Employers look at the performance, attitude and RELIABILITY of an individual in order to recommend for transfer.

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