Tuesday, 22 May 2007

Dream Tools

Suppose there was a tool that enabled anybody to determine the medical condition of an individual, without the knowledge, consent, or authorization of the individual.
  • Determine what illnesses one has;
  • What medications one is taking;
  • One's prior medical history;
Who would be allowed to use it?

Now suppose that tool was used for hiring people.
And that the medical exam it provided was done without the knowledge, authorization, or consent of the applicant.

How long would it take for the use of that tool to be declared illegal under existing ADA regulations?

That tool has been used for roughly 100 years in the United States. Thus far the EEOC has not issued any formal statements about it. It has not been subject to any ADA-related court cases.

Probably the major reason for this state of affairs, is that the vast majority of users of this tool haven't bothered to learn how to use it.

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