Bay of Plenty service station asks about medical history on job application

Have you suffered or been treated for depression or any stress-related disorder? Do you suffer from headaches or a hearing disability? How many absence days due to sickness or injury have
you claimed in the last 12 months?

These are just some of the questions on a Z Energy job application that outraged a Tauranga job seeker who described them as “absolutely ridiculous”, an “invasion of privacy” and “discrimination”.

They said the advertised role involved making coffee and stocking up hot food cabinets, but some of the more than 50 questions on the form put them off applying.

The employer, Z Energy Bay of Plenty retailer Dave Gillies, said the questions provided relevant information about applicants and he did not discriminate.

Following queries from NZME, he said, given the applicant’s concerns, he was “reviewing the form and seeking independent advice from an employment law specialist to ensure it meets best practice guidance”.

Job-seeker ‘gobsmacked’

The job seeker, who asked not to be named to avoid jeopardising future job opportunities, told NZME they were “gobsmacked” by the information requested in the application.

In their view: “It’s absolutely ridiculous and an invasion of privacy. Why do they need to know if I require corrective lenses to drive, have any current demerit points or have been the subject of the police diversion scheme or have a disability? It’s discrimination.

“I had no interest in working for a company that has the sort of behaviour before you even start. I can only imagine what it could be like to work for them.”

On the question about treatment for stress or depression, the job seeker said many people experienced these and should be applauded for getting help.

They said they believed people may feel pressure to answer questions even if they did not want to.

On the seven-page application form NZME sighted, the only question with a “prefer not to answer” option was regarding Covid-19 vaccine status.

‘Relevant information’

Gillies said he operated 10 sites in the region that employed about 110 people and did not discriminate against any applicant.

“The questions asked in this application form provide me with relevant information about an applicant, including their previous work experience, if they hold any relevant qualifications, what their availability for shifts would be and an overview of their medical history.”

“Creating a safe and inclusive workplace for my diverse team is a top priority for me and I do believe the more I know about my team and their individual needs, the better support I can give them as their employer.”

He said people were not obliged to disclose their information.

Gillies said the form was generic to ensure it could be used for various roles. People could skip questions they deemed irrelevant or if they did not want to “disclose this level of information” and it would not stop him progressing the application, he said.

Gillies said while most customers were good, staff may be “exposed to customer abuse or aggression” and the more he knew about team members before they started, “the better support I can give them from the outset”.

“We have things in place to make it a safe and happy work environment but as with any public-facing role, I am conscious of the toll this takes on my team and always want them to feel as if they can come to me if they are needing additional support.”

He said a lot went into running a service station and his team’s varied roles included serving thousands of customers daily, working with hazardous products, shift work, including nights and weekends, and driving between Z sites.

Z Energy said in a statement its retailers employed and managed more than 1500 staff at sites around the country.

It was important retailers were “aware of any additional or specific support individual team members may require to ensure they can succeed in their roles”.

Working in retail could be high pressure and customer-facing staff could experience abuse or aggression from a small minority of customers.

“At Z Energy… the safety and wellbeing of our people and our customers is at the forefront of what we do.”

Questions employers should avoid

The Human Rights Commission said that generally an employer should not ask potential employees to disclose medical history during the job application process or at an interview.

“It is against the law to discriminate against people based on a disability, and experiencing a physical or psychiatric illness or psychological impairment falls within the definition of a disability for these purposes,” the commission said in a statement.

Applicants should be told of the job’s requirements before being asked about any medical or physical conditions or disabilities.

“Too often people are scared to be open or honest about health conditions, particularly where mental health is involved, because of fears that they will be discriminated against or excluded. It is important to ensure that our workplaces are inclusive and everyone is given the maximum chance to participate and contribute in our community.”

Ministry for Business, Innovation and Employment dispute resolution and employment services director Pele Walker said employers should only ask for information relevant to the job.

Questions employers should avoid because it could lead to discrimination included if applicants had a mental health issue or disability, or about their marriage status, religion, age, race and if they were pregnant.

The Privacy Commission said employers should be open about why they need information and what they will use it for.

For example, they may need to know about a previous injury if the role includes a lot of physical work.

Anyone concerned about the volume of personal information collected should discuss that with the organisation and they could make a complaint to the commission.

Tips for applicants

Skills Group director of people, marketing and stakeholder management Jane Kennelly said applicants could politely answer questions without revealing private information.

For example, she said if asked about wearing corrective lenses to drive, an applicant could reply: “I wasn’t aware that driving is a requirement of making coffees and maintaining stock levels. Can you please provide more details about driving in context to the job?”

Employers should focus on the role being filled when deciding questions.

“Always bring it back to whether the question is relevant to the job vacancy and the candidate’s ability to do the job. The candidate’s most recent experience is most likely the most relevant – employers don’t need to know if the candidate was doing babysitting in 2005.”

Applicant’s rights

Carmen Hall is a news director for the Bay of Plenty Times and Rotorua Daily Post, covering business and general news. She has been a Voyager Media Awards winner and a journalist for 25 years.