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  1. #1
    Join Date
    Jul 2015
    Posts
    2

    Default Employer Wants Access to a Disabled Worker's Medical Records

    My question involves labor and employment law for the state of: Texas

    My situations kind of odd. I am a disabled army wartime vet with MS among other disabilities. Recently its started to effect my performance due to Flare ups and Dr visits.

    HR is now involved and I am not sure of the intent. today she presented me with a document to fill out to allow our corporate Dr's to have access to my medical records and to speak with my Dr's. She said its to find out information on how best to proceed forward, but everything in my mind tells me to say hell no i am not giving them free reign of my medical history.

    I am not sure what i should do here. I pushed back on HR because i want to know what records they would like to see and for what purpose exactly do they want to use these records.


    Should i seriously be considering a lawyer?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Works Asking for Access to Medical Records

    Quote Quoting tjmax
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    My situations kind of odd. I am a disabled army wartime vet with MS among other disabilities. Recently its started to effect my performance due to Flare ups and Dr visits.


    My sympathies are with you but the answer is simple.

    Your employer is trying to determine if your medical conditions are a risk to yourself and other employees or whether some sort of accommodation is necessary.

    Seems to me that would entitle the employer to access to your medical records though I can understand your reluctance.

    What is the goal here?

    Do you want an accommodation? Keep in mind that just excusing your performance is an accommodation in itself.

    It wouldn't hurt to consult an attorney who specializes in Americans with Disabilities Act and see if maybe there could be a limit on who actually reviews your records.

    I sure as hell wouldn't turn them loose to the flunkies in HR.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Works Asking for Access to Medical Records

    I don't think you need a lawyer at this point.

    Either HR wants to see your medical records because HR wants to know how best to accommodate you...or HR wants to see your medical records because HR's boss wants to see how to fire you.

    If the latter, then you're fired either way - first for not giving up the medical records, or second, for giving them the information they need to prove you can't do your job. Either way though, you probably have a good lawsuit. Right now, you don't.

    If it was me (and yes, I've spent 30 years in HR so I know whatof I speak), I'd give up the records and see what happens. Let us know.

    - - - Updated - - -

    And no, I was never a flunkie.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Works Asking for Access to Medical Records

    Here's the deal.

    Under no law is the employer required to accept sub-standard performance. Not under the ADA, not under any other law.

    The employer IS entitled to medical verification of your disability in order to determine how to accommodate that disability.

    And Jack, I continue to be offended by your constant assumptions that all HR personnel are "flunkies".

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Works Asking for Access to Medical Records

    Quote Quoting cbg
    View Post
    Here's the deal.

    Under no law is the employer required to accept sub-standard performance. Not under the ADA, not under any other law.

    The employer IS entitled to medical verification of your disability in order to determine how to accommodate that disability.

    And Jack, I continue to be offended by your constant assumptions that all HR personnel are "flunkies".
    Like button.

  6. #6
    Join Date
    Jul 2015
    Posts
    2

    Default Re: Works Asking for Access to Medical Records

    Well i don't mind giving up the records around my disabilities, its how much do i give them, they gave me this blank wide open agreement that i give them access to all my records for what ever they see fit to do with them, and thats what had me stepping back and saying wait.... what do you want to know about and how much give is too much.

    i don't believe its to be fired. if it was they would have just done it by now and not put forth this much effort.

    The real issue is not me slipping but the site i was working at wanted me gone and made stuff up instead of just asking i be pulled for budget reasons. my management does no fact checking and so it must be true. But a year ago i was an invaluable asset to that plant, but they changed management since then.. but such a wild swing must be related to my MS so here i am wondering ...

    Anyway MY HR lady is very nice and seems genuinely concerned, i am sure it will work out, just the request for medical records freaked me out a bit. i fully disclosed my disabilities to begin with so i don't see the harm in them getting the full scope of my issues.

    thank you all for your responses makes me feel a little better knowing its not something stupid to go a head and permitting them to have a gander.

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