Can My Employer Ask About a Medical Condition?
Posted February 27th, 2025.
Categories: Blog.
In general, no, your employer cannot ask you about a medical condition or anything about your health. There are certain instances where it can be considered legal for them to inquire but they must tread carefully and ensure they are not infringing on your rights as an employee. An experienced attorney can help assess your situation and determine whether or not your rights were violated, as well as help you file the appropriate legal action. For skilled legal advice and representation work with a Cherry Hill employment law attorney.
What Laws Govern an Employee’s Medical Rights in the Workplace?
In the United States, several laws protect employees from discrimination based on medical conditions. The ADA (Americans with Disabilities Act) prohibits discrimination against an individual with disabilities and sets guidelines about when and how employees can make medical inquiries.
The FMLA (Family and Medical Leave Act) also governs an employee’s medical rights in the workplace. This act allows eligible employees to take unpaid leave for health reasons and states that while employers can request certification from health professionals to grant the leave, they are not entitled to specific information beyond that.
Can My Employer Ask About My Medical Condition?
There is no clear-cut answer to this question. In general, no, your employer is not within their rights to ask about personal information like your health status and medical conditions. However, there may be certain circumstances that warrant an inquiry.
When Can My Employer Ask About a Medical Condition?
Although it is typically none of their business, there are times when your employer may be obligated to or within their rights to ask you about a disability or medical condition. Even during these times, they should respect your privacy and only ask for information that is truly necessary. Consider the following times that your employer may be entitled to information about your medical history.
- Accommodations: If an employee requests a reasonable accommodation due to their medical condition, their employer can ask about the nature of their condition only to assess whether or not the accommodation is appropriate.
- Interview process: Generally, employers cannot ask a candidate about their medical health. However, if they have already extended a conditional job offer they may inquire about medical conditions only if they are necessary to determine if the candidate is able to perform the related job functions. For example, a physically demanding job may require questions about an applicant’s physical capabilities.
- Safety considerations: If an employee’s medical condition may be harmful to themselves or others in the workplace an employer may ask for a health assessment if it is based on objective evidence.
While employers may have some legitimate reasons for asking about your health, it is important to remember that many rights are afforded to you as an applicant or employee. To set up a consultation and gain a better understanding of your legal rights, reach out to a knowledgeable lawyer at the Law Offices of Mark S. Guralnick today.
