Employment law can be complex and often overwhelming. Many employees and employers wonder about the legality and ethical considerations of an employer inquiring about an employee’s health or disability. It is crucial that you understand your rights as an employee and the context in which questions like this may arise. Generally, an employer cannot ask you about a medical condition unless certain circumstances apply. Continue reading and contact an Atlanta disability discrimination attorney if you believe your rights have been violated.
What is the ADA?
The ADA is the Americans with Disabilities Act. It is a federally protected civil rights law that prohibits discrimination against individuals with disabilities, particularly in the workplace. Employers cannot discriminate against a worker or applicant because of a disability, perceived disability, medical condition, or perceived medical condition.
This means that employers cannot make any employment decisions based on these factors including hiring, firing, promotions, wages, job assignments, and more. The act also ensures that individuals with disabilities are given the opportunity to have reasonable accommodations.
Employment rights regarding health status are also governed by the FMLA (Family and Medical Leave Act). These two federal laws determine what employers can and cannot ask.
Can My Employer Ask About My Medical Condition?
The answer to this question is nuanced but in general, no, your employer is not entitled to information about your medical or health status. You have the right to maintain your privacy when it comes to medical information and it can be considered discriminatory for an employer to make such inquiries. However, there are certain times when an employer is within their rights to ask questions about your medical condition or health.
When Can an Employer Inquire About Medical Conditions?
Even with the ADA and FMLA protecting employees and applicants, certain circumstances allow employers to inquire about your medical condition for valid reasons. Consider the following.
- Job function: Employers can ask about your health if it directly relates to your job performance. If the job is physically demanding and requires certain abilities it may require your employer to ask about your physical condition and capabilities.
- Accommodations: If you require accommodations to your work environment or responsibilities due to a medical condition you can request them with your employer. However, your employer will have the right to ask for certain information regarding your condition before implementing a change to ensure that it is necessary and that it will be an appropriate adjustment for your needs.
- Safety concerns: Medical conditions that may pose a threat to an employee or other workers can be inquired about only for safety purposes.
Even though there are times when an employer can legally ask about your health, they are rare and should be handled in a delicate nature. If your employment rights have been violated reach out to an experienced attorney to learn more about your legal rights and options.
