What are my HIPAA rights at work?

Can my employer ask me disability-related questions or require medical or psychological exams during my employment?

Only when:

1. Job-related and consistent with business necessity

   or

2. Inquiries/exams may be mandated by other federal or state laws and regulations

For example: every 2 years under federal safety regulations for interstate bus and truck drivers, or medical requirements for airline pilots.

What situations may be job-related and consistent with business necessity?

1. When you request an accommodation

2. When your ability to perform your essential job functions are impaired

3. When you pose a direct threat to yourself or others

How much information about my medical condition is my employer allowed to obtain?

Confirming the existence of a disability and need for accommodations…

If your disability or need for accommodation is not obvious, your employer may require reasonable medical documentation that confirms the existence of the disability and need for accommodation. When necessary, the documentation may include your limitations. Disclosure of the nature of the disability is NOT required.

Determining what accommodations may be effective…

Your employer may need to ask questions about your disability to be able to provide effective accommodations at work. So, limited questions regarding a reasonable accommodation may be okay. These questions must be tailored to assess your ability to carry out the essential functions of your job or to determine whether you pose a danger to yourself or others due to disability.

To determine effective and reasonable accommodations, the examination must be limited to determining the functional limitation(s) that require(s) reasonable accommodations.

Business necessity…

There is a “business necessity” if the need for the information your employer is seeking is VITAL to the business. For example, an employer has a duty to maintain a safe workplace. Where an employee’s disability may raise safety concerns, an exam to to assess their fitness for duty may be required.

Intermittent Leave

If you are taking intermittent leave, your employer can require you to obtain a release to return-to-work every 30 days, but only if there are reasonable safety concerns regarding your ability to perform your duties.

In all cases, the inquiries of exam should be no broader or more intrusive than necessary.

DISCLAIMER: this information is general in nature and does not constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed.