Is this legal?

So some of the information I can find suggests that there may be differences by state.

http://www.workplacefairness.org/medical-privacy-workplace#10

this article suggests that it could be done, but shouldn't because if you don't get the job based on that info, you can sue your old company.

http://work.chron.com/can-past-employer-legally-disclose-contacted-20976.html

Contacting legal representation is suggested multiple places. So sorry!!

Wow, that is shocking. I don't know anything about insurance issues, but my gut tells me this is totally wrong, especially asking about your insurance coverage. But try not to let it influence your interview! Successful treatment 4 years ago should be enough time if it does come up to put them at ease that it will no longer impact your performance. Besides, there is no assurance that someone without a medical hx wouldn't have an issue in the future, so maybe not the kind of company you would want to work for anyway if it was to be a deciding factor. It sounds like your past employer and agency went beyond the bounds of what's allowed by law, but don't let it diminish your confidence. Hopefully the company you're interviewing with will take this information in stride if it does reach them.

Oh $%^&! I am so sorry you're going through this. Is there any way you can stay away from this person in the future so she doesn't have a chance to mess things up for you??

There aren't supposed to ask about medical history but prospective employers have creative ways to extract information and chalk it up to concerns about physical limitations on the job.

I can't imagine divulging your cancer DX. It is concerning that she asked whose insurance you would be using. Cha-Ching. If she is made aware of your DX I'm sure she's thinking mountainous medical bills charged to their insurance plan.

We all know they would never be stupid enough to say that tipped the scales to another candidate but that's exactly what the reason would be. My brother interviewed with countless companies only to be rejected for the job at the last minute. He has an impressive resume with work experience and a Master's degree but he is in his 50s so too old by their standards. Age discrimination. Good luck proving it.

Frankly the response from the agency is not only unprofessional it doesn't even make sense.

Good luck!

Diane

Hi Tang, sorry this Chit is going on. There was a link I posted on Just Diagnosed-Get prepared that was related to employment questions. Too too late tonight for me to look, but it was a great resource. Try an scan the pages. Hugs sassy

I am in the UK and it is a common thing here. My employers refused to let me have treatment and I have forbidden me to ever see a doctor again or have any further tests ( every time I ask for a day off work, I have to tell them what it is for and provide evidence -I use all my holiday allowance each year to deal with accommodation issues as I am renting - my landlord knows I have cancer and is constantly checking I still have a job and amnot deterirating health wise). They also told me that if I tried to get a job elsewhere they would make sure I didn't get it, and that all foreigners like me who have health problems (I am not a British national) should be deported back where they came from. I was not planning on using their rubbish Nhs, I have my owncostly private health insurance which pays for treatment (and end of life care, rather useful when you don't have family and friends who can look after you during your last months, or even a home to die in) in my country of origin. The directors and managers told me they have a policy of not hiring people with cancer or at risk for cancer, and I have been told the same thing by the managers where I worked previously. I needed to book time off for a fibroscopy/coloscopy for digestive issues, and they wanted me to resign to do this as they were afraid it might be cancer... Turned out to be auto immune disease as expected! Ironically these people are all Church of England or Muslim, and convinced they will never get cancer...

I guess the only solution is to be self employed...

Tang, found it.

http://www.cancerandcareers.org/en

This link is from the above web site. It's directly related to employment

http://www.cancerandcareers.org/en/at-work/legal-and-financial/cancer-and-the-ada-fmla

good for you tang! It shouldn't have happened, and I'm glad your former HR will "address" it. (sigh) it doesn't help with the lovely job you were hoping to get. Am also glad you cut ties with that agency. It was clear they were more focused on keeping a relationship with the employer than helping or representing you. yuck. Another opportunity will come along for you! sending you positive energy for good job hunting ((hugs))

Hi tangandchris,

If you're talking to your former HR department again, you might ask if they can supply you with outplacement help, since they torpedoed your own initial job search (with their illegal activity).

Just an idea...

LisaAlissa

They're employment companies that give themselves a fancy name.

Hi Lisa, nice, I should have said the employer paid as I had to go through it once. Super explanation.

Tang, you possibly have leverage with your old company to "demand" outplacement services. They messed up right? Talked about your disease?