Quote from nursecat64
Disability & Medical Exams During Employment Application & Interview Stage
Thank you for the reply and the links
What I want to know is what will happen if I don"t
bring my records to the appt. and ask for an evaluation based on what they see. When I called and asked that question, they said records were required
for an evaluation. I feel like I'm wearing a tag! I know for a fact that MD's do much of their judging based on history. I know even I do- you paint a picture of your patient in your mind based on past history and current medications. I have a lot of stamina and a strong work ethic (despite a disability) I worked 12 hour shifts on a busy med/surg floor until 2 days before I gave birth at almost 40 years old!
(not easy) but if you look at my health history and medication list you would be doubtful on whether I could do the job. The question I had about HIPPA is that the results of my drug screen are negative, but since the same company that does the drug screen is also
the one that recommends and does
the 'fit for duty" testing- they know some of my medications because I had to list them for the drug screen. It seems to me I should be able to have an evaluation that is completely unbiased. My stomachs in knots about this
The law places strict limits on employers
when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.
For example, an employer may not ask a job applicant to answer medical questions or take a medical exam before extending a job offer. An employer also may not ask job applicants if they have a disability (or about the nature of an obvious disability). An employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.
Disability & Medical Exams After A Job Offer For Employment
After a job is offered to an applicant, the law allows an employer to condition the job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same type of job have to answer the questions or take the exam.
Disability & Medical Exams For Persons Who Have Started Working As Employees
Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee's request for an accommodation or if the employer believes that an employee is not able to perform a job successfully or safely because of a medical condition.
The law also requires that employers keep all medical records and information confidential and in separate medical files.
In addition to a variety of formal guidance documents
, EEOC has developed a wide range of fact sheets, question & answer documents, and other publications to help employees and employers understand the complex issues surrounding disability discrimination.
Disclosing, Assessing, Using, and Disclosing Medical Information The ADA strictly limits an employer's access to and use of medical information about applicants and employees.
How much information the employer may obtain, and under what circumstances, depends on the stage of the employment relationship. The ADA rules regarding "disability-related inquiries" (questions that are likely to elicit information about a disability)
and medical examinations and the confidentiality of medical information, apply to all applicants and employees, whether or not they are individuals with disabilities.[
You really need to seek legal advice or contact the ADA/EEOC itself. I wish you the very best!! PM me with specific questions if you wish.....I have an auto-immune disorder that has me disabled but I forught for years to remin employed.