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This is already mentioned in the comments section of the article but I find the claim ridiculous. > Apple will apparently make exceptions for people with docum
by sushid 5y ago
This is already mentioned in the comments section of the article but I find the claim ridiculous.
> Apple will apparently make exceptions for people with documented medical conditions, but acquiring that accommodation reportedly requires employees to confirm their status by releasing medical records to the company. The demand made some people uncomfortable, the report said.
If you have a medical exemption requiring accommodations to allow for remote work, I think it makes sense that you provide some sort of proof. How is that unfair?
- iaw 5y agoYour employer should not be the arbiter of your health, your doctor should. Your doctor should be able to determine what you are and are not capable of doing and communicate that to your employer who should take that as proof. This whole "let's see your medical history" approach is a very slippery slope and one I hope we don't fall down. Edit: For more context, your doctor could determine in one visit that you have a newly arisen chronic ailment that's debilitating but your employer may set a threshold of a certain # of visits over a period of time in order to qualify for that chronic ailment...
- slownews45 5y agoEmployers have a right to know about the disability and the functional limitations it imposes. In fact, they can even have you to go to an employer selected doctor if you're not giving them good info / good docs - this is someone who will be paid by employer to check into your condition and report back to them.
- saagarjha 5y agoSource? This sounds like a major violation of medical record confidentiality laws.
- slownews45 5y agoStart with EEOC-CVG-2003-1 "May an employer require an individual to go to a health care professional of the employer's (rather than the employee's) choice for purposes of documenting need for accommodation and disability? The ADA does not prevent an employer from requiring an individual to go to an appropriate health professional of the employer's choice if the individual provides insufficient information from his/her treating physician (or other health care professional) to substantiate that s/he has an ADA disability and needs a reasonable accommodation. " Note - I'm not aware of this being common because employees will generally be better off having their own doctor release their own records or respond to employers questions about medical condition. Again, records are limited to the specific issue and need for accommodation / functional issues etc.
- malshe 5y agohttps://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees#7 https://www.eeoc.gov/laws/guidance/enforcement-guidance-disa...
- sokoloff 5y agoIn a world without quack doctors, this would probably be workable. In a world with them, employers may reasonably want to do more diligence in some cases.
- dathinab 5y ago> releasing medical records Is not the same as providing a reasonable degree of proof, you employee (in general) should not need to know what exactly your medical conditions are in full details. Knowing that you have conditions, at most with some rough direction should be enough.
- slownews45 5y agoNo - they can ask about the specific condition that requires accommodation. They only need to know about that one issue, if you have ED or hair loss that doesn't need to be disclosed if you are not asking for accommodation as a result.
- iaw 5y agoCan you provide evidence of this? My reading of the ADA was that employers can ask for whatever they want to but are ultimately required to take a doctors certification. No one, as far as I know, is required to disclose their medical records in order to be eligible for the ADA if a doctor is will to certify. Source: I have disabilities that I've fought with multiple employers over.
- slownews45 5y agoIf you don't want to release records they can ask your doctor directly to respond to a set of questions about your condition generally. Practically doctors can write a note and if is sufficiently detailed it's normally accepted. But the idea that oh, I've got something so ADA let's me work from home is really not true - there is usually much much more back and forth in these things.
- dathinab 5y agoI think we are meaning roughly the same. > know about that one issue Knowing that you have that conditions is still not the same as releasing medical records specific to that condition. So you employee should neither have your full medical records nor a sub-set specific to a certain condition. Just a document confirming that you have that condition.
- slownews45 5y agoMakes people feel uncomfortable - that is a lot more common these days. Asking for documentation in these situations is somewhat routine when the issue is not obvious. Someone who used to be able to work in the office, and now can't return, that's not going to be super obvious necessarily why WfH is needed (and separately a reasonable request). "An employer may require that the documentation about the disability and the functional limitations come from an appropriate health care or rehabilitation professional. The appropriate professional in any particular situation will depend on the disability and the type of functional limitation it imposes. Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals. In requesting documentation, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. The individual can be asked to sign a limited release allowing the employer to submit a list of specific questions to the health care or vocational professional." - EEOC.
- icelancer 5y ago> Makes people feel uncomfortable - that is a lot more common these days. People feeling uncomfortable on what were previously normal requests is also quite a bit more common.
- malshe 5y agoTbh, I don’t know how much I would trust this article given that it is based on employee Slack channel. Note the wording “accommodation reportedly requires”, which doesn’t tell us who reported this. Ideally, shouldn’t the article cite a source for this specific information given that it is presented as a factual statement even though it sounds like a speculation? I am not surprised that there are already 3 comments that have picked on this particular line.
- hh3k0 5y agoPeople probably misunderstand and think you would have to share actual medical information with Apple. Meanwhile you most probably just have to hand in a rather vague note from your doctor, stating that you have a condition (not further specified) so working from home puts you less at risk.
- smoldesu 5y agoWhy don't you ask an Apple employee instead of HN?
- TheRealWatson 5y agoEven if they have to show medical records this can be arranged to go through a 3rd party organization that validates the request without sharing details with the company. This type of stuff already exists for medical claims.
- underseacables 5y agoConsider that in other scenarios where a disability is claimed. Some people abuse it (therapy animals on planes ie) while some people genuinely need special accommodations. There are those who will always say someone is abusing the system and demand they prove it; kind of reminds me of speeders who demand to see the radar.