Picking up on Kate and Geoff's messages, I see a tension between the desire
to ask as few questions as possible to make an informed decision on fitness
for the job (which seems to be in vogue) and the potential attraction of
asking a wider series of questions to satisfy DDA needs.  Despite the
possible value of the latter, I feel this would cause concerns re equal
opportunities and perceived discrimination, if it were too comprehensive.
As such, I would favour a more selective approach geared to fitness for the
job (but not overly minimalist!).  In addition to the chosen job-related
questions, generic questions along the lines of 'Do you consider yourself to
have a disability?' and/or 'Do you feel you need any adjustments or
modifications to the job for which you have applied?' could be included as
an alternative to a long list of disease-specific questions (although these
two questions would not identify all disabled people).  It would at least be
simple and practical.  Were the individual not to disclose a disability, the
employer is unlikely to be responsible in law for failing to provide
adjustments (as I think Geoff implied), at least until the employer becomes
aware at a future date.

One caveat to Geoff's comments:  the O.H. practitioner is not expected to be
the final arbiter on whether or not the DDA applies (according to the
Tribunals), though in practice we can often be highly influential to the
employer's decision on the matter.  Of course, many cases are clear from the
outset as to whether or not the Act applies; but for the 'grey area' cases
its probably safer to avoid too didactic an approach.  This said in full
awareness that managers will prefer a black and white 'Yes' or 'No'
answer...!

Regards,

Fraser


Dr Fraser Kennedy
Occupational Health
Kinetic centre
Theobald Street
Borehamwood
Herts WD6 4PJ
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