If the candidate reveals something to the doctor that s/he failed to tell the background investigator, can that be grounds for disqualification?
A.Yes, but with important caveats. First, deliberate misstatements or omissions should not be the basis for a medical disqualification; rather, such information should be forwarded to the background investigator and/or personnel department for disposition. Second, a candidate should not be penalized for exercising his/her rights under ADA/FEHA by withholding medical or disability-related information prior to a conditional offer of employment, even in response to a direct inquiry. For example, a candidate may withhold the fact that he filed a worker’s compensation claim on his past job during a (pre-offer) background investigation, since questions about worker’s compensation are considered medical in nature (although the candidate would still be obligated to list the employer where the worker’s compensation claim was filed at the pre-offer phase).
Related Questions
- If the candidate reveals something to the doctor that he/she failed to tell the background investigator, can that be grounds for disqualification?
- What are the grounds for disqualification of a priority or non-priority candidate who is referred?
- What should the investigator do if the candidate claims s/he never received a DD-214 long form?
