What are employers entiltled to know?

[Snookmiester]

Okay, I know I'm opening a can of worms here, but I've found myself in a situation. I am currently seeking a job with the Federal government, and they are doing a medical history. On the form, one of the questions is whether or not I have had or currently do have hepatitis. Well, I did have it at one time, but presently, I stomped that dragon into the ground!!!
If I answer no, it MIGHT be held against me later on. But if I answer yes, it will likely be held against me now.

What is an employer entitled to know? What am I obligated to supply? Are they going to look at this mediacl history, which is like 10 pages long, and thats it? Or will they go into my medical records via insurance and CDC? I think the CDC keeps a record of EVERYONE that ever tested positive for HCV.

If anyone is familiar with this, PLEASE steer me in the right way. I have been trying to get into this agency for 5 or more years, and they are just calling me know. I cannot afford to disqualify myself, or make a mistake, as this will probably be my ONLY shot.

Any and all feedback will be greatly appreciated...

[Dov Baer]

Snook - If the job requires a security clearance don't stray from the truth. The security clearance investigators will find out. If the job doesn't require a security clearance tell them no.

Don't worry about losing your job in the future. There is no such thing as employment security.

[re-re1]

Can a hospital deny employment if you have hepatitis c virus?

[Snookmiester]

Yeah, I'm gonns be doing some rigorous work!! Out in trenches with body armor and pistol in hand. I think as long as I pass the physical aspect of the testing, I will get through.
Thanks again for all the replies, and concern. My father is still in ER, and there are running tests. They just admited him, so he's waiting on a bed. 59 years old, and this is his first outing to a hospital!! I'm making sure he gets the works, lol!  

[cquest]

Your father's only 59? Jeesh I'm gettin old if 59 sounds young to me...hope is feels better and good luck w/ the job.
Cin

[fishdoc]

When you look at jobs on usajobs they actually list if a prequalifying medical exam is required.  Most office jobs don't require one, but most field jobs do. For example, in my area, it says "work may be in adverse conditions, walking across wet uneven terrain, adverse weather conditions, etc." and those almost always have a requirement for a medical exam prior to employment.  I know we recently hired a 10 pt vet, who had a knee problem/disability, and we did look at the preemployment exam and the past work experience to see if they could handle the work, but ultimately decided to give them a chance.  I think not checking the box, or hiding info could be bad.  In my case, with the back thing, they already had my records-it was just getting a doc to say I could lift 50lbs again......And we also hired an older individual that had to have the exam, "lift 50 lbs" and they called me, and said man, I just don't know.  In that case, the form is standard, but it was a lab job, so it didn't matter at all, I never looked at the exam, because lab work is not that rigorous...My long story to a short point, I don't think the fact that it was an HR job was the reason, the feds just love their paperwork......

[beamishboy]

sorry bout yur dad;goodthing you had a chance to talk w/ him regardin the employmnt question...Absolutely!!! you tell them the truth-We would lucky to have you as an employee...We need good honest people workin in our gov't..Go get'em&GOODLUCK

[Snookmiester]

Thanks everybody.. I've been away all day, as my father is ill. I had to leave work and take him to the ER, as he fainted, and was having trouble walking. They are testing him for Vertigo problems, or a possible mild stroke. Thsi has been going on for three days, and he didn't tell me. Soon as I found out, he was in the car and admitted!!!

I've been discussing this with him all day, and I think that I'm gonna be honest. Honesty is the best policy, and if they judge me for it, so be it. Someone describe the history to a tee up above, as a bunch of check boxes where you answer yes or no. It does give a little room for an explanation below, so I will check yes, and enter as follows. Yes, I was infected with HCV at birth, underwent the treatment protocol, and was cured.
Keep it simple, and to the point!!

[strator]

hey snook- hope all is well with your Dad. Good thoughts his way.
Sounds like ya have your decision. I think we all learned a lot on this thread. Amazing when we have plcaes like this to bounce things around. Thanks for that.
Don

[Mister beagle bailey]

What my daughter and I find amazing, is my daughter filled out federal applications for positions as Human Resource Administrator and not once was that question asked.  Almost as if they knew couldn't ask a HR person that question.  Yet it's found on other federal applications.  I just don't get it.


The Beagle

[NYgirl]

Yup I agree with the above advice I did have it it's gone...

I'd be afraid too lying would backfire on me (I KNOW MY LUCK) and this seems like to me if you do it this way Fishdoc is right you won't make a big deal they may just let it slide right by thinking it's a past situation.

God the garbage we have to deal with.  This will work out for you...just have confidance people don't ever question things when you seem like you are RIGHT you know?

Praying for you. Big time.

[who_is_this]

If it's not related to your job activities, it is irrelevant and I personally would leave it blank.  Workers comp is only an issue if you have the potential for needlesticks in this job--if you get a needlestick and test pos for hep, they will say you had it prior to employment if you are seeking WC if you say yes on the health history.  That's the only relevant reason for asking about it that I can think of.

What is the nature of the job?

[fishdoc]

I too spent some time thinking about it,.. I think the form your filling out has lots and lots of check boxes, and then you take it to the Doc, who signs it at a preemployment physical.  

one thing this form is not: feds don't care about preexisting conditions.  If you have terminal cancer the day your hired, they treat it.  That said, my current supervisor does have a copy of the medical form, and he was also the selecting official.  In the application process- you fill out tons of forms, send them to HR.  The selecting official never sees your app. until HR signs off on it, and then typically up to ten are sent out.  If you are not a "status" applicant, they are numberically ranked, and typically you either have to pick from the top three, or justify why not.

I would check the box yes, and explain if EVER asked yes I had a bout of hepatitis, but it is clinically resolved.  I suspect no one but the doctor will ever pay any attention.

Best of luck,

[cuteus]

Leaving it blank is an option, since it did word as have you ever had...and it probably has a list of conditions like dizziness, sore throat, depression, etc.  If it is a personnel form, I would leave it blank. If it is a form for their dr, I would answer yes and use the explanation given by Mr beagle of having been cured.  The dr has to keep your record confidential and so does HR, but the latter does not need to have medical forms lying around for all to see.
I leave a lot of those things blank and if they ask, I explain. and some of them I explain on the form itself. I found out many times that they don't read the form anyway!

[cquest]

What about leaving that question blank? The if they ask you (they might just overlook it all together) you can explain...that way nothing is in writing, you've done your homework and are ready for them if/when they do ask...You can just say you had a question about that and didn't want to make a mistake answering it...
Cin

[strator]

Man, Lots of good thoughts on all this here. I'm not sure what I'd do(though I usually get my Mom's Irish/Catholic Guilties and get too honest).I think what I'd have to decide is if it's worth taking a job where good benefits are part of the attraction, under circumstances that might make the all important health benefits moot. Even if later it was fightable under Hippa or whatever- will the benfits be there if and WHEN you need em. I'd probably look for some professional advice on this.
For the record - I think the Federal Govt of all employers should not be discriminating against anyone for medical reasons - particularly someone brought into the world with something that they personaly battled and beat.
You'll find the right choice for you,
Don

[Mister beagle bailey]

Maybe if you answer like:  I was born with hepatitis and have been cured. This way your being honest yet not saying what type you have.
  The Beagle

[Mister beagle bailey]

I'm back,

My daughter has a MS Degree and is a Human Resource Administrator, this is what she said:

They should not be able to ask that question because of HIPAA-privacy of medical information. She had filed applications for her self with the Federal goverment and was not asked that question.  She then asked me, What job are you applying for?  But she still believes it should not be asked.

There should be a web-site for HIPAA or The Civil Liberties Union where you can post a question and it will be answered.

Hope this helps,

  The Beagle

[fishdoc]

Snook, I am a fed.  The medical one is a piece of cake.  If you don't have it now, you can say no, but the physical exam is a prereq for work, so it has things like lift 50 Lbs, etc.  I spent five years on disability, and when I went back to work, I just went to a doc that didn't know me, told him all was cool, got my paper, and that was that.  My back is still screwed, but I went into a job that didn't require me to use it, but the forms are all the same. That really is one that I am not sure what I would say.


It really is a form for the personnel records.  THEY will not go into your records, and normally the Doctor fills it out.  If your not comfortable with it, just don't go to the doc that knows you.  Just FYI, which agency are we talking here? I am FWS, and my husband works with lots of DOE, so I am familiar with there stuff but if its homeland sec. or one of those, who knows..For FWS, I would answer honestly, because I just don't see how that could interfere with your job performance....I went back to work for them in 99, and I don't remember the question, but I probably answered yes, and its never come up..

What they will do in some agencies is a background check.  Call your neighbors, etc. So if everyone knows like wow, he almost died, has a transplant, etc. that might come out, but if you were real discrete, it probably won't.

[Snookmiester]

My wife works in a hospital, and is very, very familiar with HIPAA. They are spoon fed the clauses and procedures from day one!! She says that once you sign the medical disclosure, you allow every aspect of your medical history to be viewed. This form is one of many consents that everyone of us sign when seeking employment.

But will the employer go as far as actually doing an investigation. I believe Docsgold is right on the money with the theory of using AGAINST future workers comp claims.

I do believe in honesty, and was kind of set in telling the truth right off the bat. Hell, I was born with HCV, I didn't have a choice. I was diagnosed, I completed the treament, and so far, I'm cured!!! If that can be held against me, so be it.
But I'm still in a circling pattern, and not ready to commit to a decision.
Thanks for all the replies, they are truely appreciated!

[Docsgold]

The form is asking if you "have had or currently have" hepatitis.   I always answer the question honestly when asked.
One option is to leave it blank.

I have a strong suspicion the question is related to any possible future worker's compensation claims.  I work a civil service job (state) and recently had to fill out a medical history questionnaire (3 pages--surgeries, injuries, back pain, chiropractor, medications, cancer, etc.) for the reason I stated above.  If I did not answer truthfully they could possibly deny me future benefits if I ever made a claim.

Medical records, which I would think would include any information the CDC has is confidential information.  I know some HR people, so I will relay any useful info I find out.

Good luck with your job.

[Tallblonde]

I already stated above that I would lie.  But let me add this point.  Do you really feel some sort of "moral" obligation to tell the truth to the government?  THE GOVERNMENT?? Talk about a bunch of liars!!  Personally, I would feel absolutely no moral obligation to tell the federal government that I had HCV.  It's none of their damn business.  When THEY start telling the truth, YOU can start telling the truth.  

Amen.

Susan

[Mister beagle bailey]

I agree with lilmoma, would be interested in what you find out.  As it is the goverment that makes the laws and here we have a branch of the Feaderal goverment asking a question that I believe breaks the Hippa law.

Will get back to you on this.  I'll ask my daughter as she is a Human Resource administrator and works for a county goverment.


   The Beagle

[ASmile4U]

Will you need a clearance for this position?  My husband accepted a position 2 years ago for a federal agency and went through serious back ground checks...took them a year to clear him and they talked to everyone he knew...they came in their trench coats and literally visited with people who knew him as a kid...unbelievable.  Couldn't hide anything from them.  :)

[lilmoma]

I am a hiring manager, and I can say for sure with my company and many others, I cannot legally ask someone "are you pregnant?"
The government is a different animal though,........
I would be curious to hear what you find out.

lilmoma