Since the employer made inquiries about Julia's impairment after hiring her, did Julia have a legal right to refuse to answer or arguably answer falsely? Why or why not? Please discuss applicable law(s).

Julia was a professional in her mid thirties who described herself as career minded and serious about her job. She knew she was an overachiever and tended to push herself to meet deadlines and goals. Julia’s previous employer was a small firm where she worked for ten years. She was well known, respected, and was in a specialized role where she could not be easily replaced in her job. She acted as staff support to an engineering team responsible for design, documentation, and regulation of customized mechanical equipment for the aerospace industry. She was the technical writer responsible for compiling operating and maintenance manuals -- these were generally several hundred pages long, filled with complex diagrams and detailed descriptions. Since the manual was the last item produced before shipping the equipment and realizing revenue, extreme pressure was put on Julia to have the manual ready – and error free – even though design and production invariably ran late. In addition, Julia was responsible for reviewing standards and documenting compliance with FAA regulations. Her work involved interactions with many different people, intense periods of solo development of her portion of the equipment, and stringent customer-imposed deadlines.

Julia enjoyed a high level of mutual trust with her long-term manager, and felt he understood her desire to increase her job responsibilities. Her manager was experienced and often took the time to ask Julia how she was doing. She sensed his concern for her. “He would always stop what he was doing and give me his attention; many times employees have to work at getting their manager’s attention but I never did.”

Julia had always enjoyed excellent health until about four years ago when, over a period of several months, she had difficulty moving, concentrating, and even writing her name. “I’ve kept a copy of my signature from that time,” she said, “it looked as if I was 80 years old!” She remembered that at first she thought she had the flu, and then continued to blame a virus while seeking medical attention and being subjected to a series of tests. Julia told her manager she would need an MRI and he was caring and concerned about her results. Even though she trusted her manager, she did not reveal the diagnosis until it was confirmed and she knew enough about the condition to educate others about multiple sclerosis and reassure them she would be OK.

Answer rating: 100% (QA)

Under the provision of American with Disability Act an employer may ask the Julia regarding her impa... View the full answer