Health data during job applications

Health applicant

The applicant’s health cannot be a topic of discussion. As an employer, you are not allowed to ask whether the applicant has an illness or disability. Neither are you allowed to ask about the applicant’s past absenteeism due to illness. And applicants don’t have to tell you anything about their health, unless an exception applies.

Exceptions

There are two exceptions to the ban on discussing the health of applicants during the application procedure:

1. Health is of direct relevance

If the applicant’s health is directly relevant to the position for which they are applying, for example, because the applicant is unable to perform important parts of this position due to an illness or disability, the applicant must tell you this during the job interview.

If an employee becomes incapacitated for work due to an illness or disability that was withheld during the application, this may have consequences for continued payment of wages during illness. You can also dismiss the employee with immediate effect.

2. Occupational Disability (Employment Targets and Quotas) Act

As an employer, you may check with the Employee Insurance Agency (Dutch: UWV) whether an applicant falls within the target group of the Occupational Disability (Employment Targets and Quotas) Act during the application procedure.

Pregnancy

Applicants do not have to say that they are pregnant or want to become pregnant. If you ask this question, the applicant does not have to answer the question truthfully. Applicants may reveal that they are pregnant or want to become pregnant, if they so wish. You may not reject applicants because they are pregnant or want to become pregnant.

Medical examination

A medical examination or pre-employment medical examination may sometimes be part of an application procedure. This is only permitted if the position imposes special requirements on an employee’s medical suitability. A special job requirement only applies if the normal occupational health and safety measures are not enough to prevent health and safety risks.

There are 3 categories of special job requirements:

1. those for jobs that pose a health risk (for example, if someone has to lift weights of more than 20 kg more than 15 times a day);
2. those for jobs that pose a safety risk (for example, whether someone can perceive details at a distance of less than 60 cm);
3. those for jobs that pose a health and safety risk (for example, if someone has to perform very heavy physical work).

Legally required medical examination

A medical examination may also be required by law. This applies, for example, to professional drivers, fire brigade personnel, offshore personnel and personnel who work in contaminated soil, with radiation or carcinogenic substances.

Information about medical examination

As an employer, you must include in the vacancy text that applicants must undergo a medical examination for the job. Before the examination, you must inform the applicant in writing about the purpose of the examination and about the questions and other examinations involved.

Time of medical examination

You may not have an applicant medically examined until the end of the application process, if you plan to hire them.

Data during medical examination

During a medical examination, you as a (potential) employer, the company doctor and the applicant exchange data with each other.

• You provide the company doctor with information about the applicant. You may only provide information that is necessary to contact and identify the applicant, such as name, address, place of residence, telephone number and date of birth.
• The applicant only needs to tell the company doctor something about illness, disability or medical history if this is relevant to the position.
• Also, the company doctor may only ask about the applicant’s health or make a query about this if this is important for the purpose of the examination.
• The applicant will be the first to receive the results of the medical examination from the company doctor, if the applicant so wishes. The applicant then decides whether the company doctor can pass on the results to you. This is called the right to refuse access to one’s medical data.
• If so, the company doctor may only inform you whether or not the applicant is medically suitable for the position. The company doctor is therefore not allowed to transfer any medical information to you.

The company doctor must delete the inspection file no later than 6 months after the examination.

More information medical examination

More information about the rules for medical examinations can be found on the website of the Dutch central government.