A chronic health condition that “might be considered a disability

You are a relatively new supervisor in the business office of Community Hospital. Thus far you have interviewed prospective employees only a few times. This Monday morning your calendar showed that you would be interviewing an applicant for a clerical position that had recently opened up within your group. The applicant, Ms. Arthur, arrived at the appointed time. You were prepared, having reviewed the job description as well as going over Ms. Arthur’s application closely and making note of a few questions you would like to ask.

Upon entering the private office you had borrowed for the interview, Ms. Arthur, well-dressed and neat appearing, first said, “Thanks for seeing me. I hope you like me because I really need this job.”

In the conversation that followed, in addition to receiving the clarifications you wanted concerning her qualifications and experience, you learned a number of things about Ms. Arthur. All from statements she made voluntarily, you learned that Ms. Arthur: had been married but was divorced; was a single mother with two children to care for; had been out of work for some time because of a work-related injury; felt she had lost her last job because she filed a Workers’ Compensation claim; was facing financial hardship; and spoke of a chronic health condition that “might be considered a disability.”

Questions: (Note – label your answers as 1, 2, 3, and 4.)

1.      What information has Ms. Arthur given you that you would not be legally entitled to request?

2.      Keeping in mind that all the personal information you received was provided voluntarily, what can you do with this information?

3.      In response to the comment about the condition that “might be a disability,” can you ask the nature of that condition? Why or why not?