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» LymeNet Flash » Questions and Discussion » General Support » Right to refuse to disclose medical conditions to employers

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Author Topic: Right to refuse to disclose medical conditions to employers
blueskyfaith
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If a patient have a medical excuse from the doctor, does the employer have right to ask for the medical conditions of the patient in order to grant a sick leave with pay?


Thanks.

Posts: 77 | From USA | Registered: Feb 2006  |  IP: Logged | Report this post to a Moderator
bettyg
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Bluesky, one of my former bosses did that to me too. Dr. said I'd be off 6 weeks for major surgery.

What type? breast reduction shut him up....

It would have been very obvious when I returned to work minus 5.5 lbs. of boobs [Big Grin]

Uping this for someone with ACTUAL KNOWLEDGE if employer rules. To me; this is a NO NO like many questions on interviewing.

Bettyg

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blueskyfaith
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Bettyg,

You making me LOL.

I wish I had same excuse as you had for the boss.

But it is impossible for me to get my boobs even a little smaller.

Thanks. [lol]

Posts: 77 | From USA | Registered: Feb 2006  |  IP: Logged | Report this post to a Moderator
Aniek
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Yes, the employer does have the right to ask. I'm taking a class on the ADA (Americans with Disabilities Act) right now and my professor made this very clear.

If the disability or the need for the accommodation is not obvious, the employer may ask for documentation of the disability or the need for the accommodation.

Examples of obvious disabilities are being in a weelchair or being blind. An obvious accommodation would be something like needing a desk to be made higher so a person in a weelchair is at the needed height to use the desk. Most diseases you cannot see are not considered obvious.

There are different rules for people applying for jobs. If you are applying for a job, an employer cannot ask about any disabilities. But, if a disability is obvious the employer can ask how you can perform the essential functions of the job.

So you know, not everbody with Lyme is actually covered by the ADA. You need to prove you are substantially limited in a major life activity. Substantially limited means you can't perform or you perform the activity worse than the average person. It's not a comparison to yourself before and after Lyme.

Courts would also need to be convinced it's not a temporary condition. Coverage usually is not granted if you are limited for under a year.

The Court has set a really high bar for coverage. Much higher than most people would expect, and much higher than Congres intended.

--------------------
"When there is pain, there are no words." - Toni Morrison

Posts: 4711 | From Washington, DC | Registered: Mar 2004  |  IP: Logged | Report this post to a Moderator
bettyg
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ANIEK,
Thank you for your comments; very helpful & great job of explaining things.
Bettyg

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Aniek
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Betty,

Your welcome. It was good practice preparing for my exam [Smile]

--------------------
"When there is pain, there are no words." - Toni Morrison

Posts: 4711 | From Washington, DC | Registered: Mar 2004  |  IP: Logged | Report this post to a Moderator
   

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