As Long Island employment lawyers, one of the questions we encounter is whether an employer can ask an employee for medical records. A request of this nature can implicate issues relating to disability discrimination laws, such as the Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA). Today’s Long Island employment law blog tries to shed some light on the issue.
Requests for Medical Records Under Anti-Discrimination Laws
The EEOC has consistently noted that employers with legitimate concerns relating to an employee’s medical condition which may impact that employee’s ability to perform the essential functions of his job, may make any inquiry into that employee’s medical history. But, that inquiry must be limited and related to the medical condition at issue.