Delphi learns the hard way: Don’t mess with medical records — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Delphi learns the hard way: Don’t mess with medical records

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in FMLA Guidelines,Human Resources

Auto parts manufacturer Delphi has settled a suit with the EEOC alleging the company made prohibited medical inquiries into employees’ health and retaliated against staff who objected.

Delphi required employees returning from sick leave to sign releases allowing the company to probe their medical records. When one employee in Rochester objected, he was immediately terminated.

Delphi will pay him $80,000. Additionally, Delphi will change its sick leave policy and train its supervisors on which medical inquiries are allowed and which are not.

Note: Employers may not go on fishing expeditions into employees’ medical records. You can request medical certification of the need for leave under the FMLA, or obtain information on medical restrictions on the employee’s ability to perform the essential functions. All inquiries must be job-related and of business necessity.

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