At the post-offer phase, is it acceptable for the background investigator to collect medical or other information considered disability-related?
A.Yes. Although the evaluation of the candidate’s medical suitability rests with the screening physician, there are medical and disability-related issues that are more appropriately evaluated by the background investigator. Examples include issues related to illegal use of drugs, alcoholism, job performance issues that may be related to a protected disability (e.g., sick leave, behavioral problems, etc.), or any follow-up investigation requested by the screening physician (or psychologist, if used). There are also occasions where a candidate may have withheld information which should have been disclosed at the pre-offer stage, but is now revealed in a post-offer inquiry (e.g., identifying an employer not previously listed and where a worker’s compensation claim was filed, or illegal use of drugs much more recently than previously claimed).
Related Questions
- Could a private background investigator ask disability-related questions during a pre-offer investigation, but refrain from sharing the responses with the department until the post-offer stage?
- Could a private background investigator ask disability-related questions during pre-offer investigation, but refrain from sharing the responses with the department until the post-offer stage?
- If there are background investigation topics and areas that are disability-related, why not just conduct the entire investigation post-offer?
