Disabled workers must reveal medical facts — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
If employees refuse to give you medical information that you request to determine their eligibility to return to work, they cannot sue you under the ADA. The case: An injured employee did not allow her doctor to release medical information to her employer for fear she would be placed on medical leave against her wishes. For failing to divulge her medical data, she was fired. She then filed an ADA suit. The court deemed the employer’s request for medical information reasonable, and her refusal to provide it precluded her from arguing that her employer violated the ADA. (Templeton v. Neodata Services Inc., No. 98-1106, 10th Cir., 1998)
After years of debate, the EEOC published controversial new guidance on employers' use of background-check policies and practices. Then, it used those guidelines to file a series of important lawsuits alleging violation of federal discrimination law. Every employer needs to be in compliance....Click here to find out more.