Medicals And Medical Information In Hiring

The Ontario Human Rights Commission has issued a policy statement on "Employment-Related Medical Information" a subject which is not specifically addressed within the Code itself. In this policy statement, the Commission states that "any assessment to verify or decide an individual's ability to do the job, including a medical examination, should only take place after a conditional offer of employment is made, preferably in writing". The purpose for this requirement is to allow the applicant with an illness or disability the right to be considered exclusively on his or her merits during the selection process.

While the Canadian Human Rights Commission is silent on this particular subject, it is reasonable to suggest that employers under federal employment law jurisdiction should conduct themselves in a way that is consistent with the policy statement of the Ontario Human Rights Commission on the subject of pre-employment medicals and medical information.

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