Can a recuiter ask you about past injuries?

Well I don't think there is any law against them in asking. Although I have seen many people sent home at orientation day over their past medical and injury records. (Cough ** don't tell them..) This is my opinion and not saying it is the right one to do nor the legal one. What goes on between me and my doctor is my business. My doctor says I am okay to work then that's my business. If my doctor says no you are not okay to work the I would think it would be the companies business.

Just make sure your past company doesn't give out any information that may be conflicting to your claim. Now not sure on this but I dont think your old company is allowed to say anything except for
1. Would you rehire him? yes or no?
2. Was he in an accident? yes or no?

But again I am not positive if they are allowed to share medical or not.

 

Did this involve workmans comp? If so it is tough for a trucker to find work with a workmans comp claim.

 

I'm not a recruiter, but you need to understand that the kind of laws that protect workers of most industries do not apply to drivers of commercial vehicles.

The Federal Labor Standard Act (FLSA), does offer protection and prohibition in discrimination of the disabled, but the problem is, that workers hired by those that are engaged in Interstate Commerce are exempted from those provisions.

The provisions of the ADA do apply to trucking, as long as the disability does not interfere with the safe operation of a CMV.

Changes in Federal law also allow companies who hire drivers for commercial vehicles are allowed to delve as deeply into the background as they care to. The medical criteria is also intrusive, and it requires a driver to be honest and forthcoming about their medical history.

Now...the questions you offered above are rather unusual in the recruiting phase, and I have personally not been asked such questions, nor was I concerned with such issues when I hired drivers, but there are companies that are VERY inquisitive about such things.

It's a catch 22 situation. As they are doing it, it is not proper to ask these things verbally. If they want to make them part of the application process and will do so in written form, they deserve answers. So if you refuse to answer verbally, it leaves them in the position averting any issues such as the questions being too intrusive. You can't prove it.

You've hit a company that is probably not inclined to hire those with a Worker's Compensation injury in their history. Most will not be so picky, as long as you can pass the physical and provide documentation to them that releases you to full duty, even with a slight impairment disability rating. So for the future, get copies of all of this together, along with releases from all treating physicians, including your personal physician to head off all problems before they become problems.

I also urge you to pull your DAC report ASAP to see if there is an issue on it that is causing you any grief. Something triggered those questions. My bet is that it will be found on your DAC report.

I wish you the best of luck getting back to work....

 

It is illegal for anyone to ask about any disability period. It doesn't mater if you are a trucker or a wino it's point blank ILLEGAL!
I come under ADA and have had a LOT of experience with this very thing. The recruiter is stepping in a area that is strictly prohibited. I would not respond to the questions in anyway shape of form period.
I would contact the EECO in your state or the main office in D.C. in regards to this. I would also contact an attorney.

 

I come by my knowledge by two means. First as a driver who had a workmans comp back injury and two, as a driver who hauls medical scanners and deals with the NEW hippa laws daily due to our trqnsfer of patient information from our scanners to into the hospital computers.

First they can't ask about any medical information. All they can ask is " are you able to fully complete all the physical requirements for this position"

they CAN NOT ask for information and they should be reported for doing it as Nitewing stated. These laws are VERY strict now although they are new and still being interpreted in courts.

Now here is the catch 22. You don't have to tell them anything but if you refuse then they won't hire you and if you lie they have grounds to fire you.

I had problems finding work after my back surgery. It's been 10 years now so it's easyer finally but I am totally up front about it and put as good a shine on it as posible. Usually they are happy you are straighforward about it.

 

I did a check on the provisions of the ADA, and you are correct. It DOES state that no employer may make inquiries similar in nature to those that were asked of this driver.

But the Supreme Court has ruled in several cases that has ultimately invalidated the ADA from industries that have to meet certain Federal Regulations and more to the point, in cases where the job pertains to safety sensitive functions subject to other Federal rules or regulations. One VERY valid case involved a truck driver.

The National Council On Disability says;

So, there is no official exemption for the trucking industry from the provisions of the ADA, but Federal Regulations supercede those of the ADA.

I will amend my answer to reflect that it is highly improper to ask questions of this nature by a RECRUITER, but the medical criteria would override the ADA in allowing a medical examiner to make the same inquiries as part of the process of determining if the driver is medically qualified. In fact, he/she is duty bound to do so.

And since no driver will be extended a job offer if he does not qualify medically, it's a moot point. No driver can be pre-hired until he/she has met ALL of the minimum qualifications set forth in the FMCSR's that must be met in order to be qualified for hire. Any job offer will absolutely be based in part, on the decision of an examining physician clearing the driver to drive a CMV.

The ADA cannot apply in reality to CMV drivers subject to the FMCSA rules and regulations because they directly conflict with provisions under the ADA, and the ADA takes a second seat, according to several rulings by the highest court in the land.

Of course, that is a choice that one can make, but the reality of the situation is that that's as far as a driver will get in terms of being hired if he/she refuses to, and there's not much that can be done about it.

I think it stinks, but it's life.

It won't do any good to do it. The case I offered is the trumph card, and as soon as an Attorney looks it up, it will be a dead issue.

 

What they do not know, may not hurt them. I say may not hurt them is if you know your limits and what you can and can not do and stick to it, it will not. If you do not follow your limits yes it very much can hurt them.

When I was looking for a Trucking job with OJT I called SNI first. I was to open with them. Cause of that I was not hired. Stress related Seizures in the pass. Did not black out, only face and Right arm jerking around with a blurred speach. Little rest, I was fine. Never did effect my driving. My joints that was another story, but nothing was said about that.

 

That's a risky proposition. Medical information on people is easily found these days, and Worker's Compensation claims are easier found, if a company wants to find them. Insurance companies exchange this information all the time.

And as always, any false misrepresentation on a DOT physical form is grounds for a denial by a Physician to qualify the driver, an immediate termination of your job if it were to be found, and if the omission were to be discovered as part of an accident investigation, a person could wind up in very hot water with the FMCSA and/or facing civil litigation that could wind up taking all that you have.

Geez...

The fact that you don't black out isn't really the issue. Any nervous disorder is disqualifying. The fact that you haven't "blacked out" doesn't mean that you won't at some time in the future. You're practically describing symptoms of an impending stroke.

Maybe it's something you've moved on from, because you do use the word "past", but as much as I understand that people who have disqualifying medical conditions do need to work, they need to choose less risky professions. It's not just a risk to the public if a person is stricken and loses control while behind the wheel. It's a risk to their own life as well.

When you work in an office and pass out, you fall three feet to the ground, and there are people to assist the person. When you pass out while driving a truck at 70 mph, the consequences are a bit more severe. You may kill yourself and a dozen more.