Job processing, "Health" related questions. Your rights?

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#1447126 10-Dec-2015 13:28

MikeAqua: For example a person can't be discriminated against because they have depression. However, an employer might not employ a person to interact with customers who didn't present as positive and confident in an interview.

These two things are not related. Many people with depression will present as positive and confident in every aspect of life.

TeaLeaf

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#1447158 10-Dec-2015 14:22

MikeAqua:
For example a person can't be discriminated against because they have depression. However, an employer might not employ a person to interact with customers who didn't present as positive and confident in an interview.

But if the person comes across bright and bubbly and confident? You are assuming people with depression are mopey and sad in interviews. Likewise many people with depression, work is there life, what they love, what keeps there depression at bay.

And if they put on paper they have depression they may be discriminated against behind closed doors so the employer cant be sued because thats how this system is set up, ie no transparency.

I guess thats part of it, there is not enough transparency if what is done with the information provided.

MikeB4

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#1447172 10-Dec-2015 14:41

TeaLeaf:
MikeAqua:
For example a person can't be discriminated against because they have depression. However, an employer might not employ a person to interact with customers who didn't present as positive and confident in an interview.

But if the person comes across bright and bubbly and confident? You are assuming people with depression are mopey and sad in interviews. Likewise many people with depression, work is there life, what they love, what keeps there depression at bay.

And if they put on paper they have depression they may be discriminated against behind closed doors so the employer cant be sued because thats how this system is set up, ie no transparency.

I guess thats part of it, there is not enough transparency if what is done with the information provided.

I was an employer and I am disabled, I have both asked and been asked this type of question over quite a few years with out issue. You are making a problem that is not a big problem in New Zealand.

gzt

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#1447205 10-Dec-2015 15:05

TeaLeaf:
MikeAqua:
For example a person can't be discriminated against because they have depression. However, an employer might not employ a person to interact with customers who didn't present as positive and confident in an interview.

But if the person comes across bright and bubbly and confident? You are assuming people with depression are mopey and sad in interviews. Likewise many people with depression, work is there life, what they love, what keeps there depression at bay.

And if they put on paper they have depression they may be discriminated against behind closed doors so the employer cant be sued because thats how this system is set up, ie no transparency.

I guess thats part of it, there is not enough transparency if what is done with the information provided.

Bottom line: In all cases if it does not affect your work / ability to do the job then there is no need and no moral obligation to mention.

Paul1977

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#1448268 10-Dec-2015 16:23

TeaLeaf: And if they put on paper they have depression they may be discriminated against behind closed doors so the employer cant be sued because thats how this system is set up, ie no transparency.

I guess thats part of it, there is not enough transparency if what is done with the information provided.

But if the applicant believes that their depression will not effect job performance, then they shouldn't have put it on the application.

If they put it on the application the message they are sending to the employer is "I have depression and it will effect my work".

It sounds like you are arguing that people who fill in application incorrectly are being discriminated against?

TeaLeaf

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#1448345 10-Dec-2015 19:21

No im just saying its a very ambiquous situation and open to interpretation. Personally it doesnt effect me but I can see it being used incorrectly. Of course like Professional Indemnity insurance most kiwis contracting dont have it and have a shell be right attitude.

Nuff said.

Handle9

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#1448375 10-Dec-2015 20:15

I have no idea why you think it is an ambiguous situation. Health and disabilities are protected attributes in New Zealand under the Human Rights Act except where it affects one's ability to do the job. If it means you can't do the job as well as someone else then it's fair game to ask questions about it.

If someone feels that they have been discriminated against in an employment situation because of a protected attribute they have a right to legal recourse. It's not ambiguous at all.

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BTR

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#1448573 11-Dec-2015 09:41

You are not understanding the questions properly, the majority of the time answering this question truthfully isn;t going to work against the job seeker unless they have no clue.

A few examples.

1. Someone with a mental illness applying for an office based role isn't likely to be "skipped over" as their illness is unlikely to stop them from doing their job.

2. Someone with a bad back who's applying to be a builder DOES have a condition that will hinder their ability to do that job.

3. Someone who has narcolepsy who's applying to be a bus driver DOES have a condition that will hinder their ability to do that job.

4. Someone with down syndrome applies for a job stocking shelves at a supermarket isn't likely to be "skipped over" as their illness is unlikely to stop them from doing their job.

Almost every person has an illness of some sort and going by your theory the unemployment rate would be a hell of a lot higher.

TeaLeaf

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#1448577 11-Dec-2015 09:47

Oh the world some live in. And I suppose Aucklands housing over inflation will continue at 20-30% for another 10 years?

Im out on this, its been addressed in the media and I agree with some thoughts of potential discrimination, think what you want.

BTR

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#1448664 11-Dec-2015 11:47

TeaLeaf: Oh the world some live in. And I suppose Aucklands housing over inflation will continue at 20-30% for another 10 years?

Im out on this, its been addressed in the media and I agree with some thoughts of potential discrimination, think what you want.

Why did you ask a question in an open forum and then argue with everyones reply? You asked for opinions and got them!

MikeAqua

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#1448670 11-Dec-2015 12:11

Sigh ... I am not making any such assumption. If you pick up a dictionary you will find that 'a' is singular.

But it is possible that a person with depression could present at an interview as I described. The employer could choose not to employ them on that basis. I was really just trying to point out the difference between discriminating directly on illness and not offering a job to person that doesn't have the requisite attributes. A health issue may affect a person suitability for the job, and if someone is unsuitable (whatever the cause) an employer can choose not to employ them.

Regarding what you have to declare health wise ... you have to declare what a reasonable person would expect you to declare. This doesn't leave scope for denial or hair splitting.

Unfortunately I have some experience in this area as an employer.

TeaLeaf:
MikeAqua:
For example a person can't be discriminated against because they have depression. However, an employer might not employ a person to interact with customers who didn't present as positive and confident in an interview.

But if the person comes across bright and bubbly and confident? You are assuming people with depression are mopey and sad in interviews. Likewise many people with depression, work is there life, what they love, what keeps there depression at bay.

And if they put on paper they have depression they may be discriminated against behind closed doors so the employer cant be sued because thats how this system is set up, ie no transparency.

I guess thats part of it, there is not enough transparency if what is done with the information provided.

Mike

DaveB

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#1448678 11-Dec-2015 12:16

TeaLeaf: Im not objecting to anything ....... etc, etc

Usually I just put down I have a third nipple that gets itchy, not sure if thats their right to know about or not but figure I better. :-)

Thanks for letting us know. If I ever come across the itchy third nipple comment, I will immediately bin the application under "unemployable and not even worth a reply" due to a potentially troublesome bad attitude.

invisibleman18

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#1448682 11-Dec-2015 12:20

My partner always struggles with this question since she has epilepsy. It's been well controlled with medication for the last few years and she tends to only have 1 decent seizure a year. Whenever she used to put it down as the answer to this question she never got to an interview. But since it's well controlled with daily medication she now figures that since the question is along the lines of "do you have any medical conditions that may affect your ability to work" rather than simply "do you have any medical conditions" she doesn't put it down anymore.

larknz

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#1449859 13-Dec-2015 21:53

If you answer no to this question and then its later found that you can't do the job because of the condition the employer has grounds for dismissal because you lied on your application.

gzt

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#1449899 13-Dec-2015 22:14

There would be many scenarios where that is not the case. Way too broad as a generalisation sorry.

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