Can my employer ask me about medical conditions?

The ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability).

Can an employer fire you for mental health?

Wrongful Termination Due to Mental Disability It is unlawful for a California employer to discriminate refuse employment to or to terminate an employee on the basis of a mental or physical disability or medical condition.

Can an employer consult with the employee about the medical documentation?

May an employer consult with the employee’s doctor about the medical documentation? Yes—with the employee’s consent. In its Enforcement Guidance, the EEOC recommends that the employer should consider consulting with the employee’s doctor (with the employee’s consent) if the medical documentation provided by the employee is insufficient.

How is medical information collected by an employer?

Subsection (d) limits the medical inquiries which employers may make of applicants and employees, obligates employers to use separate forms to collect any information regarding the medical condition or history of applicants and employees, and requires employers to keep any such information separate from other personnel files.

Can a employer ask for incomplete medical records?

Further, the EEOC warns that an employer cannot ask for unrelated documentation, such as an employee’s complete medical records, because the records are likely to contain information unrelated to the disability at issue and the need for accommodation. What steps must an employer take if the employee provides insufficient medical documentation?

Can a personnel file contain any medical information?

The Guidance states that employees’ general personnel files should not contain “any medical-related material.”

Is the employer required to request medical documentation?

Q: Is an employer required to request medical documentation as part of the interactive process under the ADA? A: No. Employers may request sufficient documentation when the disability and/or need for accommodation is not known or obvious, but are not required to do so to provide an accommodation.

When do employers need to know your health information?

The Rule does protect your medical or health plan records if you are a patient of the provider or a member of the health plan. Requests from your employer Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.

What are the resources for mental health documentation?

Additional resources include the Management Infor- mation System (MIS) Coding Manual, and State and Federal regulatory documents. BHRS documentation standards were established to fulfill a core value of our system—the commitment to clinical and service excellence. Further- more, accurate and complete documentation protects us from risk in

How is health information shared in the workplace?

Employers and Health Information in the Workplace. The Privacy Rule controls how a health plan or a covered health care provider shares your protected health information with an employer. The Privacy Rule does not protect your employment records, even if the information in those records is health-related.