Q&A: Health Declaration for an Employer
Health Declaration for an Employer
Question
Hello Rabbi Michael,
First of all, thank you very much for this wonderful site and for all of the Rabbi’s work in broadening people’s horizons in Israel.
May there be many more like it.
I have a question in Jewish law:
I applied for a job with the police, and they gave me a “health declaration form” to fill out, in which they ask: “Are you taking medications intended to treat a mental illness?”
I take a medication called Lustral to treat depression. My treating doctor (a psychiatrist, in the secular term) told me that I do not have a mental illness, but rather, “you just don’t feel well.”
Do I have to report to them that I am taking the medication?
P.S. My family doctor told me not to report it.
Thanks in advance.
Answer
That is a difficult question.
In my opinion, there is an obligation to report it, since the employer should receive all the relevant information that it requests (certainly if doing so is not prohibited by law). If as a result you feel that you were discriminated against unfairly, you can appeal to the court or the Civil Service Commission (I don’t know; you’d need to ask a lawyer).
I am aware that this answer is theoretical, since I am not familiar with the situation in the police, the nature of their requirements, or the way they deal with someone who does not meet them, and of course I am not familiar with the medication. It may be that such a report is a recipe for excessive and unjustified trouble. Since I am not a formalist and I understand that sometimes there is room to get around procedures and even the law, I would say this: if two conditions are met: 1. Trouble is indeed expected. 2. It is completely clear that such trouble is pointless and unnecessary (because these medications do not impair functioning in any way), then perhaps there is justification for being a bit lax about this matter. But as stated, a person should suspect himself of making decisions about those two assumptions in a biased way (because he has a personal stake in the matter).
Discussion on Answer
As stated, only if the two (!) conditions above are met.
As for the second condition, the psychiatrist is the professional authority. But even here, note that you need to make sure with him that he is completely convinced that there is absolutely no impairment. After all, you surely understand that he has no particular interest in looking out for the police, so he too is somewhat suspect. If he were willing to give you written confirmation of this, I would be more at ease, although I doubt you would get it (and that itself, if it happens, raises suspicion that his determination stems from indifference and not necessarily from an objective professional position).
Thank you very much for the quick response.
If I ask the psychiatrist and he tells me not to report it to them because there is no need, is that okay?