Post offer medical questions (any lawyers on here? please help)

[divot]

My wife who also has Crohn's is in the process of getting a new job. She recently found out that she would have to answer a post-offer medical questionnaire. The problem is that she has had to be out for 2-3 weeks in the past year unexpectedly and 1-2 weeks unexpectedly in her current job within the past year.

If she answers truthfully to her past medical history we are both worried she won't get the job due to them not being able to make reasonable accommodations to her conditions. The obvious answer is to take certain liberties when answering the questionnaire. We are uncertain if this process can/will request medical records which would make downplaying the amount of time out of the office harder.

She can't work from home so it's not like they could provide a reasonable accommodation for her situation. She has recently switched from Humira to Remicade and this has shown an improvement. When she was on Humira at first and it was working she was in remission for many years which is the hope for Remicade now.

Does anyone have advice? We are both packing up our lives and moving from the east coast to the west coast in order for her to take this job and have already started that process some of which can't be reversed.

Thanks so much.

Edit: I'm in the US.

 

[Sophabulous]

Hi there,

I'm not sure where you are, but here in the UK I *think* it would be illegal to withdraw the offer after the fact unless they have concerns that the job would pose a further risk to her health.

That's off the top of my head so it might vary slightly but that's the gist of it. Again I'm not sure where you are, but here we have a free helpline called ACAS which is essentially legal advice for employers and employees and they are fantastic.

I was in this position a year ago, and when I disclosed to my new employer after the offer they were very supportive, however I didn't end up accepting the job for other reasons.

Hope that's of some help and good luck!

 

[divot]

Sorry I'm being a typical American and assuming everyone would know I mean the States. It is legal hear from everything I've read online.

Thanks for sharing your experience. Wish the US was like that.

 

[Sophabulous]

Sorry I'm being a typical American and assuming everyone would know I mean the States. It is legal hear from everything I've read online.



Thanks for sharing your experience. Wish the US was like that.

Haha, it might not be for much longer with Brexit and all! Hope you get something sorted.

 

[tots]

would that not be considered discrimination?


Lauren

 

[ronroush7]

Can you be covered under Americans with Disabilities Act?