When Your Boss Can and Can’t Ask About Your Health

There are times when your health directly impacts your employment. There may be times you need to call in sick or situations when you need to take time off from work for medical reasons. Also, medical cases are sometimes part of casual conversation. If you show up at your job with a cast, your colleagues and even employers may be concerned and ask you about it.

However, there are laws in place to prevent discrimination based on medical conditions and disability. For this reason, you may want to understand when your boss can and can’t ask about your health. Whether you are reviewing your employer health plan or asking for family medical leave, knowing your rights is essential.

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Can an Employer Ask About My Health?

Under the Americans with Disabilities Act (ADA), employers cannot ask employees about their health or possible disabilities. However, your employer can ask about your health in two cases:

• If they suspect you may have a condition that could risk your safety in the workplace or ability to perform your job. For example, if you operate heavy machinery and look tired or like you might have the flu, your manager or employer can ask about your health to evaluate your fitness for employment.

• If you are asking for medical leave or accommodation for your disability. In these cases, you have already disclosed there is some medical condition. Your employer can ask about your health and even ask for proof of the extent and type of condition you have.

Aside from these exceptions, your employer cannot ask whether you’re pregnant or have another condition. Employees have quite a few rights when it comes to medical privacy, so if you feel your employer is probing or you are being discriminated against, contact an employment attorney.

Do I Have to Disclose My Medical Condition When I Come in for the Interview?

When you come in for a job interview, your employer can ask whether you are physically able to do the job, but they cannot ask if you have a specific condition that could impede work. If you are a woman, they cannot ask if you are or plan to become pregnant.

During the interview and pre-screening process, your employer can ask for a medical exam only after a conditional job offer has been made. The exam must be only to determine whether you can perform the job and must be equitably applied. This means everyone applying must be subject to the same test, and the employer cannot use the test to determine whether a specific potential employee has a particular condition.

Do I Have to Disclose My Medical Condition When I Call in Sick?

Once you have been hired, there may be times you need to call in sick. In this situation, the law is somewhat more ambiguous. Most employers only ask when you will be returning, but in fact, they are allowed to ask for more details. At the same time, you do not have to offer more information beyond a general sense of what’s wrong and when you might be returning.

If your sick day request is related to a severe mental or physical condition that could impact major life activities such as breathing, seeing, speaking, hearing or walking, your condition is covered by the ADA, and your employer cannot ask you for many details beyond when you might return. If you have a less serious condition that you expect to recover from fully, you are not covered by the ADA.

Have Your Medical Rights Been Violated in the Workplace?

Do you think your employer violated your medical privacy rights? Contact one of the attorneys at Weisberg Cummings, P.C. by calling (855) 716-2367 to schedule a consultation. If you are a business, you can also reach out to us to proactively avoid wrongful termination claims.

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Request a free consultation with an attorney at Weisberg Cummings, P.C. today to discuss your policies and hiring processes to reduce your risk of litigation.