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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33072
Experience:  Began practicing law in 1992
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Is it legal physical job to ask if you have normal genetalia

Customer Question

Is it legal for a physical for a job to ask if you have normal genetalia and rectum and if not to describe the abnormal?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Does the job have anything to do with those areas of your body? DId they ask about anything else?

What is the job?

Customer: replied 10 months ago.
I am a nurse so it has nothing to do with the job other then that it seems to be a normal physical I just have never seen that on any other physicals
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's not illegal for an employer to ask questions like that although it is unusual.

Most lawyers advise clients NOT to ask those kinds of questions because they can lead to a claim that someone wasn't hired for discriminatory purposes. It's always possible to come up with a "work reason" for any medical question although, to be honest, I'd hate to be the lawyer trying to justify that one with the transsexual issues today.

Customer: replied 10 months ago.
If I refuse those questions and they fire me ( I have been working this job for 8 years and this is new can I do anything about it?
Expert:  Dwayne B. replied 10 months ago.

Probably not. A refusal to answer a question is "insubordination" and that almost always protects an employer. However, if you do answer it and start being treated differently then you would have a lawsuit.

Do you mind if I ask why you wouldn't want to answer? That could have an effect on the direction I tell you to go.

Customer: replied 10 months ago.
I am normal however I just think Boone should have to answer a question like that for something that does not have anything to do with the job
Expert:  Dwayne B. replied 10 months ago.

I understand your position and agree that it is a question that shouldn't be asked without a specific reason. However, I would be hesitant to tell you not to answer because of the insubordination issue.

Customer: replied 10 months ago.
OK thank you
Expert:  Dwayne B. replied 10 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread