4 ms·

Your 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 a

by iaw 5y ago

Your 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 ago
Employers 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 ago
  Source? This sounds like a major violation of medical record confidentiality laws.
  - slownews45 5y ago
    Start 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 ago
    https://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 ago
In 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.

by iaw 5y ago

slownews45 5y ago

Employers 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 ago
Source? This sounds like a major violation of medical record confidentiality laws.
- slownews45 5y ago
  Start 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 ago
  https://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 ago

In 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.