My employer is asking for my personal medical and mental health information. I think the request is too invasive. Do they have the right to request this information?
Monday January 25, 2010
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My employer of two years, a home healthcare agency, is now requiring us to fill out a detailed health questionnaire, including questions about treatments for past and present medical, surgical and mental health issues, as well as medications we take. They have made this mandatory and indicate that we will be taken off our current cases if we do not comply, stating that the information is necessary to determine if we are fit to perform our duties. I feel this is far too invasive. My physician is aware of my medical conditions and medications and will provide a statement saying I am fit for the duties related to my employment. Do they have the right to require detailed medical information?
Joshua
The request from your employer does sound legally suspect. Although an employer may request such information when, for example, the employee health insurance company requests this information for initial coverage, or for a change in coverage, the reason for approach taken here, as you describe it and without more details, is unclear.
An employer can, and should, ensure employees are "fit for duty.” Fitness for duty, though, is most often requested when, as an example, the employee has been off from work because of surgery or other medical treatment and the employer needs to be certain the employee is well and able to do required work responsibilities. Or it may be requested when there is a question of the employee’s ability to work without prior treatment, when, as an example, the employee is not performing as he or she usually does in the workplace because of excessive sleepiness, unusual behavior or slurred speech. Such a request, and its parameters, is usually stated in the employer's Fitness for Duty policy in the employee handbook. The employee might be requested to have a physical, obtain a blood test or have a drug or alcohol screen, as examples.
Under the Americans With Disabilities Act, an employer cannot ask an employee about a disability (as defined in the act). If one is identified, either voluntarily by the applicant during the application process or during the required medical examination and blood work that takes place after an offer of employment and before the person is hired, the disability alone can not be used as a basis for not hiring the individual if the person is otherwise qualified for the job. If otherwise qualified, an accommodation may need to be made by the employer. Job descriptions are essential components in the disability and accommodation analysis under the ADA. You can read more about the ADA by placing the title of the act in your search bar.
A consultation with a nurse attorney or attorney in your state who works with employees would be essential for you as soon as possible. The attorney can specifically advise you about the request of the employer and how you should respond based on all applicable laws.
Sincerely,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
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