The ADA requires HR and employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information.
But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.
Recent case: Anthony Desano was a food service worker at Blossom South, a Rochester, N.Y., nursing home. Desano told his supervisor he couldn’t stay at work because his doctor told him he was “contaminated.”
Naturally, the supervisor wanted to know more because “contaminated” isn’t exactly a precise term. He was also a bit suspicious, since a busy time was coming up at work. He called Desano into a meeting with the HR staffer responsible for tracking leave, as well as a co-worker who sometimes served as acting supervisor.
During the meeting, Desano was asked to provide a doctor’s explanation. He did and it turned out that Desano was “contaminated” in the sense that he had a sinus infection. He was allowed to go home.
Desano then sued, alleging that Blossom South violated the ADA when it required him to provide medical information at the meeting.
But the court said there was no one at the meeting who didn’t have a need for the information. It threw out the case. (Desano v. Blossom South, No. 07-CV-6481, WD NY, 2009)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11167/dispense-employee-medical-information-only-to-those-who-truly-need-to-know "
- Turn your recognition program on its head with peer-to-peer initiatives
- Your favorite! Answers to 'What's the most bizarre thing you've ever experienced in a job interview?'
- Lessons from the 2006 SHRM conference: Online-Only Handbooks: a risky legal proposition
- What's the NLRB's real stance on employees' social media criticism of employers?
- Restaurant caught in birthday suit, now it must pay