Answer by мιssιηɠ
They can't look into your medical records, and it is considered discrimination.
Answer by transom
yeah, it would be illegal discrimination, but it's really hard to prove that that's the reason you didn't get hired. but you don't ever have to mention it to them, they're not allowed to ask about it, and they're not able to see your health records.
Answer by Kate
No, your potential employer will never know about your mental health problems unless you tell them. It would be a direct violation of HIPPA for any of your medical records to be revealed to your potential employer. The only questions employers are allowed to ask you about your health at all is if you can perform the tasks of the job with or without reasonable accommodations for a disability. You are not disabled, you have a mental illness, so the only answer you need to give is that yes, you can do your job.
If they did find out that you were schizophrenic (the only way they could would be if you told them) and you could prove that they chose not to hire you based on that, then yes, that would be discrimination. But there is no reason for them to know, because they can't ask, and if you don't tell them then what they don't know won't hurt them. Good luck in the job search!
Answer by carol h
No, the law says they cannot see your private medical records. Privacy act still gives us the right to control who sees these records. You don't need to show anyone, not eve a new doc if you move, your old records. You have a right to a copy of your full medical history when you move away.
Whether you show it to anyone is your business.
Answer by J G
They can not see that any more then they could see your other health records. Health records are completely confidential.
And yes it is discrimination not to hire you, or to fire based on mental health issues if you would choose to disclose that information. If it would prevent you from doing your job, that is one thing. If it would not, that is discrimination. Take care of yourself. If you are having issues with your job once you have one, talk to whoever in the hr department would handle things with disabilities. It is no less a disability then if you had limited movement. If there are some accommodations that could be made that would help you, your employer does have to do what they can to accommodate them. Also know your rights under FMLA (family, medical leave act). Hopefully you would never need this, but if you have an episode that taking off work for a few weeks would save you your job, that is there.
Orignal From: Can potential employers see your mental health history?
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