MS and pre employment physical

[trex1]

Hello, I was just wondering what others do when they have to go for a physical for employment. I have a physically demanding job, but am fortunate to be able to do it at the present time. I am going for an interview for the first time after being diagnosed with MS and not sure what I should do if they send me for pre employment physical. Do I need to legally disclose that I have MS? Any advice would be greatly appreciated. I called labour board and they said they can not refuse to hire me because of that, but lets face it they will! she said we could fight it if they do, but proving it would be difficult. She also said it could cause issues with short term/long term disability benefits etc if they found out that it wasn't disclosed. What do you think?

[RedneckMBA]

Tell us your location. Laws vary. I suspect you are not in the US due to your spelling of "labor."

[trex1]

You are right, RedneckMBA, I am in Ontario, Canada

[ElliotB]

"Do I need to legally disclose that I have MS? "

Since it appears you have been diagnosed with MS (probably by a doctor, right?), they would likely be able to find out anyway if they pull your medical records - why hide it IF they ask and of course if they don't ask, you don't have to volunteer any info.

[trex1]

Thanks ElliotB, I don't have a problem disclosing it except for the fact they may not hire me thinking I am a liability when I know I can do the job and would like the opportunity to prove myself before they judge me and my MS.

[ElliotB]

You will have to decide what the right thing to do is. Something else to consider for now, it may be a good time/opportunity for a career change as any job that is physically demanding will likely become a liability at some point. Hope everything works out as you want it...

[trex1]

Thank you!

[Punchy]

I am not a lawyer but I do work in the legal industry in Ontario.

You absolutely do not have to disclose your medical status, current or previous. In Canada, privacy laws prevent employers from accessing any medical records. If this is a new employer they cannot access ANY previous employment records.

Of course hiring discrimination is also illegal but it's common and impossible to prove.

If you are able to fulfil the duties of the job, I recommend you say nothing. Once you are employed, it is your decision as to whether you should disclose your diagnosis. Legally and practically it is better to disclose if you require accommodations from your employer. They are legally obligated to accommodate the disabilities of their employees (whether it's working from home, changing a shift time, providing a private office, etc.).

Good luck!

ETA: in Canada, employers are also unable to access any of your insurance records and even your claims made under their plan. They can only see the amount of claims made, not the drug name or the individual who made the claim. I love Canada!