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8 Beijing L. Rev. 1 (2017)

handle is hein.journals/beijlar8 and id is 1 raw text is: Scientific Research Publishing Beijing Law Review, 2017, 8, 1-9 http:/wwwscirNorg/iourna/-br ISSN Online: 2159-4635 ISSN Print: 2159-4627 Mandatory Pre-Employment Medical Examination-The Practice and the Law: Is It Justifiable? Adomako-Kwakye Chris', Alexander Oti Acheampong*, Akwasi Antwi-Kusi3, Emmanuel Ameyaw3 'Commercial Law Department, Faculty of Law, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana 2Oral and Maxillofacial Surgery Department, Dental School, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana 'School of Medical Sciences, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana Email: *aotiacheampong@yahoo.com How to cite this paper: Chris, A.-K., Acheampong, A. 0., Antwi-Kusi, A., & Ameyaw, E. (2017). Mandatory Pre-Em- ployment Medical Examination-The Prac- tice and the Law: Is It Justifiable? Bei/ing LawReview, 8,1-9. https://doi.org/10.4236/blr.2017.81001 Received: November 9,2016 Accepted: February 19,2017 Published: February 22, 2017 Copyright 0 2017 by authors and Scientific Research Publishing Inc. This work is licensed under the Creative Commons Attribution International License (CC BY 4.0). httO://creativeeommonsorglicense/by/40/ L I Y - Abstract An employee shall not in respect of any person seeking employment, or of persons already in his employment; discriminate against the person on grounds of gender, race, colour, ethnic origin, creed, social or economic sta- tus, disability or politics (Section 14(e) of the Labour Act 651). The aim of this study is to evaluate the process of pre-employment medical report ex- aminations, the law and the practice-in some public institutions in Kumasi. This study was conducted in two major public institutions in the Kumasi me- tropolis. The identities of respondents will remain confidential so as to main- tain anonymity. Three groups of respondents were used in the study (Group 1: Employees who were employed within the past 5 years. Group 2: Eight medical doctors who have been mandated to conduct and write medical re- ports of prospective employees. Group 3: Ten senior human resource staff members of the two aforementioned public institutions). Each group was asked specific questions related to the process of medical examinations and the laws of employment. Responses were analyzed and reported descriptively using SPSSII. All respondents from Group 1 were asked to submit to a medi- cal examination commencing work. Sixty-five (65%) percent of respondents in Group 2 indicated that they were unaware of the job description of a pros- pective employee at the time of examination. All members in Group 3 indi- cated that the medical examination results of applicants are kept on their per- sonal files, which are accessible to other human resource personnel. Based on the above section of the Labour Act of 2003, it is our assertion that there is no legal basis for the mandatory request of medical examination reports of pros- pective employees. Again, the medical reports do not always take into consid- DOI: 10.4236/bir.2017.81001 February 22, 2017

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