Working World

Last year, I was diagnosed with cancer and had to take eight months off to undergo chemotherapy. I'm in complete remission, and want to go back to work. Do I have to disclose this on the job interview?

No. Not only do you not have to disclose anything about your cancer, it would be illegal in most circumstances for an employer to ask about your health in a job interview. At the risk of stating the obvious, when applying for a job, it is generally best to keep any medical conditions or disabilities to yourself to the extent possible. Cancer in remission is among the conditions protected by law.

The Equal Employment Opportunity Commission gives the following examples of questions that are not permitted prior to a job offer being extended:

• Do you have a heart condition? Do you have asthma or any other difficulties breathing?
• Do you have a disability which would interfere with your ability to perform the job?
• How many days were you sick last year?
• Have you ever filed for workers' compensation? Have you ever been injured on the job?
• Have you ever been treated for mental health problems?
• What prescription drugs are you currently taking?

The employer may require medical examinations after a job offer has been extended, but may not withdraw your offer if it is discovered that you suffer from a disability or medical condition such as cancer. The employer can withdraw the job offer only if it can show that you are unable to perform the essential functions of the job (with or without reasonable accommodation), or that you pose a significant risk of causing substantial harm to yourself or others. Of course, none of this is likely in your case.

If your medical condition is revealed in a post-offer medical examination, please note that this information must be kept confidential, except for certain very limited purposes. These include:

• telling supervisors and managers about necessary restrictions on the work or duties of an employee and about reasonable accommodations;
• telling first aid and safety personnel if the disability might require emergency treatment (e.g. a person with epilepsy);
• making disclosures necessary for insurance purposes.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.