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What Information Can Your Employer Demand About a Medical Condition

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  • 11-04-2016, 10:42 AM
    lawfacts
    What Information Can Your Employer Demand About a Medical Condition
    An employee has been diagnosed with depression and with an anxiety disorder. Her supervisor has asked her to provide a lot of information about her diagnosis and condition:

    1. A diagnosis;
    2. A date when the diagnosis was made and, if possible, an onset date for the impairment;
    3. A detailed explanation of symptoms of her impairment and the functional limitations imposed by the impairment;
    4. A description of the current course of treatment; and
    5. Her prognosis.

    She does not want to provide that information. What medical information can her employer actually require her to provide?
  • 11-17-2016, 09:49 AM
    Mr. Knowitall
    Re: What Information Can Your Employer Demand About a Medical Condition
    It sounds like the issue is that she has requested reasonable accommodation under the Americans with Disabilities Act (ADA), or that she is having obvious problems with her employment and her employer is assessing her rights under the ADA and possibly the Family Medical Leave Act (FMLA). For ADA purposes, the employer is allowed to request information about the employee's diagnosis, date of diagnosis, symptoms and impairment. The employer may also be able to obtain information about treatment and prognosis, depending upon the nature of the job and accommodation requested.

    If the employee is concerned that the employer is going to mistreat her or discriminate against her, or is going to misuse the information, the employee should consult a plaintiff-side employment lawyer.
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