DP12

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP12

Does the personal privacy right recognized in BER 19-1 — which protected a medical condition from mandatory pre-employment disclosure — extend to shield Engineer Intern A's prior PE exam failures from an affirmative disclosure duty, or does the direct measurability of exam failures against the employer's stated hiring condition collapse the privacy interest into the materiality analysis such that the Objectivity and Truthfulness Obligation requires proactive disclosure regardless of whether the question was asked?

Engineer Intern A: Privacy-Versus-Materiality Boundary and the Adequacy of a Question-Dependent Disclosure Standard for Pre-Employment Qualification History

Treat prior PE exam failures as personal qualification history protected by a privacy interest equivalent in kind (though not degree) to the medical condition in BER 19-1, remaining silent at the interview on the ground that the employer's failure to ask establishes that the information was not required for the hiring decision

Treat prior PE exam failures as categorically distinct from protected personal characteristics because they are the direct objective measure of the employer's stated hiring condition, and proactively disclose them at the interview as required by the Objectivity and Truthfulness Obligation regardless of whether the question was asked

Decline to volunteer prior exam failures at the interview on privacy grounds but affirmatively ask XYZ Consultants to clarify the 90-day licensure condition and its flexibility, thereby creating an opportunity for the employer to elicit the relevant history through its own due diligence inquiry without unilaterally imposing a disclosure obligation on oneself

Engineer Intern A