"Pressing" questions: Are your FMLA inquiries violating the ADA? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

"Pressing" questions: Are your FMLA inquiries violating the ADA?

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“So exactly why do you need those four days of leave?” Your supervisors may ask such questions, perhaps out of curiosity or because they’re the ones who must approve FMLA requests. But as this ruling shows, asking the wrong questions—and then divulging that confidential medical info—can quickly turn into a violation of the Americans with Disabilities Act (ADA).

That’s because the ADA prohibits employers from “making inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.” The ADA also says all medical information must be collected on separate forms, kept in separate files and treated as confidential.

Case in Point: “John Doe,” a credit-company employee, was diagnosed with HIV and needed to have his blood drawn r...(register to read more)

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