Interesting. I only know the rules as they apply to interview questions. For example, you can't ask about specific disability or diagnoses, but you can inquire about it generally (e.g. "This program has a rigorous call schedule, and you'll need to be on your feet with limited sleep for certain rotations. Is there anything that would impact your ability to do that?"). I guess once you're in the door, the program is required to provide accommodations, but not before?
As for OP, the second you start publishing identifying information on the internet, you're heading down a slippery slope. Sorry you're going through this... anytime this stuff happens it impacts the whole residency, but obviously you foremost. That being said, I've never seen an online crusade work out well.
It's weird. You get most of what I'm about to describe, but it answers what I know of the process and how to navigate.
People, feel free to skip to the bolded part and read thereafter I guess, unless you're unfamiliar with ADA stuff from interview to termination.
Of course they can ask if you think you can meet the technical requirements and essential functions, and there's always a piece of paper somewhere if they want to get more specific, some have you sign it that day at your interview! You can always ask to see them if they are not provided.
You can always say, "yes I can meet the technical requirements and perform the essential functions of the position," if THAT IS TRUE TO YOUR KNOWLEDGE, GOOD FAITH, ALL THAT JAZZ. You don't have to specify however, if it's with or without accommodations. Goes in line with how you don't have to reveal any health information - you also don't have to reveal any disabilities or accommodations you might need, PRIOR TO A JOB OFFER. The interviews of the Match are not considered job offers, legally.
If you had a more "obvious" disability, for example you came in with a wheelchair, technically they can't ask you for what medical condition it is for. They can ask you how it would affect your ability to run to codes, etc etc, and if it would, what accommodations you might need.
So the focus has to be transactional - this is just about essential functions, technical requirements, and can you do them with or without accommodation.
That can take place without going into health conditions - which *they* can't legally bring up, unless YOU do first. Even then, they must tread a certain way.
Now, yes, these rules are always broken.
Why don't programs question people more closely during the Match?
To ask, is to open themselves up to allegations of discrimination.
Why do so if the applicant seems otherwise "normal" by interview and everything on paper?
(Your health stuff rarely makes it into any of your app stuff, like LORs, Dean's Letter, etc.
The people generating that stuff usually don't make mention, again, problems!)
Generally, you can take the "gamble" of ranking someone you haven't "examined" more closely for a lot of reasons. For one, this person is graduating medical school and you already thought fit to give then an interview. If they have a health condition, so far you can't tell, and they can hack it.
(I just told you how the "exam" can be done. It is not likely to give you any useful info. Asking can reflect badly on you or be downright illegal.
If you do get health or disability related info, this helps you make a hiring decision how?
Hint: it is generally illegal for it to, so why are we going through this?
On the off chance the candidate admits/looks like they can't do a technical requirement/essential job function, the only way you can legally use it?
AND you get enough info to PROVE this point to where this doesn't look bad in court when you don't hire them or fire them later?
You need hospital legal risk management to address it even if it's a bad case. Besides them being on retainer or salaried so cost aside, anyone that invokes them gets a big frownie face from the hospital.)
Later, I'll give you even more reason why being in the dark about an hiree's health is better for a program re: firing & lawsuits.
It should be obvious why candidates don't offer this sort of info, and might make it their business to know all of the above: because being discriminated against for having a medical condition DOES happen, and is almost impossible to prove.
Some will argue that if you think the disability is going to be more than a big deal or impossible to hide on the interview trail, that you might want to come clean. To make sure the program will be supportive. This is one approach.
Advice a medical school Dean once gave someone? It's another approach.
"Don't mention it. You don't legally have to, even though it's illegal for them to discriminate for this, and you clearly are coping since you're graduating, but some programs will still discriminate. Just wait until you start, and then they will have to accommodate."
This sounds like "tricking" the employer - in a way, I guess it is. Why do we have to "trick" anyone to be sure that people with disabilities do not have their disability a factor in getting a job offer? The only time it should matter is NOT THE JOB OFFER - get it? You get a chance at the job. The assumption is that you, in taking the job, have a good faith belief that you can do the technical requirements/essential functions. That's supposed to be true of anyone.
After the Match, when I had my contract, it provided the technical requirements/essential functions and asked if I could complete them. There was also an HR employee health questionnaire that asked about disabilities and accommodations. As I understand it, this is how it is for all residents. THAT is the HIRING PROCESS.
That is when rubber would meet road. So it must be after a job offer is made that the topic comes up officially.
Now, if I can't do the job with or without reasonable accommodation, and it can be shown that there's no way I could have signed that document in good faith - I'm toast, I'm out the door.
If I don't disclose disabilities on that form - I can't use them as grounds later for how they were used against me in discrimination.
Say I disclose on the form, and I don't get accommodations, because I don't need them at this time. Then, I start to do ****ty at work. I think it's because of my disability, but I never tell anyone. Now I am fired. Now I allege discrimination. Not going to stick unless I can prove they were aware if it.
So why don't programs do more to figure this out?
It's better for them in the interview and hiring process if this never comes up officially. Not only can they not be slapped with it later, but anything that ever happens before they can be said to know of your disability - cannot be held to be discrimination. They have to know about it for you to prove they held it against you unfairly.
Of course, by both the program and you willfully dodging talking about accommodations at the interview, you both avoid discrimination being a factor in the hiring process. Whew, relief! But, you both are not sure how the rubber will meet the road of your job and any accommodations. That's sort of the trade off.
If they hire you without knowing, find out at the start of employment or later, then it can actually be less trouble all around for them, except they were the "unlucky" program that got the resident that was secretly disabled AND unable to perform AND be accommodated, AND they wanted/needed to terminate.
I'm not sure this bites most programs enough for them to change how they tread on interviews, when they interview 10 for 1 rank position, out of a lot of app that went in the trash. If it does, I imagine they figure out a way to ask what they got to ask.
Medicine is often about looking your best and hoping for the best. Programs and trainees are doing this dance from interview day to termination.
