Dive Brief:

• A Missouri company, Grisham Farm Products, Inc., allegedly crossed a line when it required all job applicants to fill out a three-page health history before they would be considered for a job, according to a lawsuit filed by the EEOC.
• A retired law enforcement officer looking for work found out that if he didn't fill out a health history form with his application, no job offer would be forthcoming, the lawsuit explains.The pre-employment form itself violated Title I of the Americans with Disabilities Act, the EEOC said. 
• The EEOC also alleges that the employer in this case does not maintain or retain employment records and applications for employment, as required by law.

Dive Insight:

The suit also claims the form is non-compliant with the Genetic Information Nondiscrimination Act, which bars employers from requesting or requiring genetic information such as medical histories for applicants or their family members (except in rare situations).

Andrea Baran, EEOC's regional attorney in St. Louis, said the ADA and GINA protect both employees and job applicants from unlawful discrimination. Plus, when employers require applicants to divulge their health history, it not only discourages some people from applying – it also allows employers "to consider illegal factors in their employment decisions."