The A-Z Pre-Employment Guide for employers & employees



Q. Can an employer ask me during the job application process or at an interview to disclose my medical/ ACC history?

A. No.

During the interview the employer should be establishing whether the applicant is able to do the job. The job applicant should be told what the job's requirements are and then asked about any medical or physical conditions or disabilities that might prevent them from carrying out the work satisfactorily.

Q. Can an employer offer someone a job subject to a satisfactory medical examination?

A. Yes, an offer can be made on condition the applicant passes a medical examination, which may include a drug and alcohol test.


Q. Do I have to disclose in the job application that I'm HIV positive?

A. No you don't.

It's unlawful to discriminate against people with the HIV virus. The definition of disability in the Act includes the presence of organisms in the body capable of causing illness. The Act does have a “risk of harm” exception that could be relevant depending on the duties of the job. For more information on this exception see Risk of harm.


Q. Is it discrimination if an employer discovers a job applicant has not been truthful in a job application and withdraws a job offer?

A. Usually it's not discrimination if an employer withdraws the job offer. Job applicants should honestly answer questions asked in a job application form and during an interview.

There have been several high-profile cases where applicants falsified educational qualifications, and this has led to more rigorous checking of qualifications. An employee may also be subsequently dismissed for being dishonest in the application or during the interview. If an employee does not disclose a condition that would impact on their ability to do the job, the employer can withdraw the job offer.

See also: Health; Qualifications