Home - Asking for new employees’ medical history
December 01, 2020 on chapter Pre-employment assessments

Are we legally allowed to ask our new employees to fill out a medical history form? We believe we need to know of any health issues an employee may have to fulfil our duty of care.

You may ask employees to volunteer information on any health conditions; however, you cannot compel employees to provide medical information unless it is a lawful and reasonable request. Requesting private medical information would not be reasonable unless it is directly related to the inherent requirements of the role.

If you are not careful when asking these questions or making directions, you may risk exposing your business to a possible discrimination claim or alternatively, your employee may challenge the lawfulness of your direction.

If you are concerned about the lawfulness of your directions to your employees, we recommend seeking independent legal advice. You should also review the chapter Pre-Employment Assessments.

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