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Record W2600416749 · doi:10.1016/j.alter.2017.03.001

Medical selection upon hiring and the applicant’s right to lie about his health status

2017· article· en· W2600416749 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
fundA Canadian funder is recorded on the work.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.

Bibliographic record

VenueAlter · 2017
Typearticle
Languageen
FieldHealth Professions
TopicMedical Malpractice and Liability Issues
Canadian institutionsUniversité Laval
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsSelection (genetic algorithm)LawPolitical sciencePsychologyComputer scienceArtificial intelligence

Abstract

fetched live from OpenAlex

As democracies respecting human rights, France and Quebec both prohibit discrimination in hiring on the grounds of disabilities. On the other hand, businesses wish to select the most effective job applicants possible in light of the physical and psychological demands of the job. In order to avoid being eliminated from the selection process, applicants may be tempted to hide or even lie about their health status. Consequently, the law has been put to the test, seeking a delicate balance regarding the consequences of applicants’ silence or false declarations concerning their health status. The legal consequences of this situation have been viewed differently in France and Quebec. In Quebec, contractual synallagmatic obligations appear to take precedence over rules limiting the collection of discriminatory information, allowing for a selection that is nevertheless prohibited by the laws protecting human rights. By contrast, in France, the employer has no right to intrude in matters of worker health and the withholding of information or even lies on the part of applicants can only rarely be used to justify a dismissal. This interpretation poses great challenges in view of the “safety obligation of result” that is imposed on the French employer. Through a comparative analysis of French and Quebec positive law, this paper explores the limits of the employer’s ability to investigate an applicant’s health during the hiring process. It then turns to the question of the right to lie as a way to avoid being discriminated against on the basis of disability and the consequences of this right on the employment relationship

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.003
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.525
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.046
GPT teacher head0.459
Teacher spread0.413 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it