I use FMLA for my migraines and have been looking for a job closer to home. When I was interviewed and asked about my attendance, I was honest about the number of times I missed due to migraines. I was denied the job due to this. Do I have to disclose this information during an interview?
Ann Kiernan replies:
No, you do not. The U.S. Equal Employment Opportunity Commission says that an employer may state its attendance requirements and ask whether an applicant can meet them. An employer also may ask about an applicant’s prior attendance record but cannot ask how many days the applicant was out sick. So, while you do have to be honest about your attendance, you do not have to tell them about your migraines.
Note that migraines may be disabilities under the Americans With Disabilities Act, and you may be entitled to a reasonable accommodation, which might include some scheduling flexibility. You may want to consult a local employment lawyer. If you do not know one, you can ask your local county bar association or go here to find a referral. Good luck.
Posted 08-27-2019
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.