Can a company ask a military veteran for their medical records and disabilites?

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Can a company ask a military veteran for their medical records and disabilites?

The company told me that if Ido not give them the paperwork in 7 days, my job position will be unavaiable?

Asked on June 28, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employer may certainly ask for military records--this is allowed. Asking about disabilities can be more problematic, since if a company discriminates against someone due to a disability, that is illegal. However, non-discrimination still allows them to inquire into a disability if it could have a direct bearing on the job and your ability to do it. So, for example, say you suffered injury to one leg while in the military, preventing you from safely climbing ladders or walking long distances. That would not be relevant if your job is graphic artist, marketing, telephone sales, etc., so the employer would not seem to be able to safely inquire into it (since if they do, and then take action against you, that could be discrimination against the disabled). On the other hand, say that your job is to work as a warehouse or shipping manager; in that case, the inability to climb ladders or walk long distances could make it impossible for you to do the job, so they could inquire into the disability.


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