If you have a certain medical condition or disability, it’s important to understand that you have privacy rights in the workplace. Under the Americans with Disabilities Act (ADA), there are different privacy protections in place at the three distinct levels of employment that prohibit employers from asking about medical conditions. These legal safeguards prevent employers from making inappropriate inquiries and discriminating against employees in connection with their medical conditions or disabilities.

Key Takeaways

• There are specific laws in place about what an employer can ask about medical conditions during each stage of employment.
• An employer is allowed to ask questions about your ability to perform the essential functions of your job during the interview process but they cannot inquire about your medical conditions.
• After making a conditional job offer, an employer may request a medical examination as long as the requirement is consistently applied to all new hires in the same job category.
• After employment begins, an employer may ask limited questions about an employee’s medical condition in connection with FMLA leave, Workers’ Compensation claims, and reasonable accommodation requests.

Can an Employer Ask About Medical Conditions During the Interview Process?

An employer is prohibited from asking about medical conditions during the interview process. This includes inquiring about medications, mental health issues, Workers’ Compensation history, and use of sick leave at previous jobs. They also cannot inquire about disabilities, require examinations, or ask to access your medical records. Even if you disclosed a medical condition during your interview or have an obvious disability, the employer cannot inquire any further.

However, an employer is allowed to ask questions about your ability to perform the essential functions of the job before extending a job offer. They may also ask you to describe how you would carry out certain tasks or ask you to demonstrate task performance.

Can an Employer Ask About Medical Conditions After Making an Offer?

After making a conditional job offer, an employer is permitted to ask limited questions about a medical condition, provided they are in compliance with the Americans with Disabilities Act (ADA). An employer may also condition a job offer upon answering certain medical questions or passing a medical exam, as long as all new employees in the same job category are subject to the same requirements.

If the offer of employment was revoked because the medical exam revealed that you have a disability, the employer must be able to demonstrate that the reason you were not hired was job-related and necessary for the conduct of the business. In addition, they must show that there was no reasonable accommodation that would have made carrying out the functions of the job possible.

What Can an Employer Ask About Medical Conditions During Employment?

After employment begins, medical inquiries or exams are only permitted if they are related to the job and consistent with business necessity. For instance, if there are safety concerns regarding an employee’s ability to perform their job function, an inquiry may be justified. Other valid reasons an employer may ask medical questions during employment can include inquiries related to the following:

• Requests for reasonable accommodation: Under the ADA, an employer is legally permitted to ask for limited medical documentation to confirm a disability and its limitations when an employee requests a reasonable accommodation. While this is a common part of the interactive process, the Equal Employment Opportunity Commission (EEOC) has specified that this should only be necessary when the disability is not obvious. An employer may not request medical information that is not related to the reasonable accommodation request.
• FMLA leave: If you are requesting leave under the Family and Medical Leave Act (FMLA), an employer is entitled to ask when the condition began and what the anticipated end date is. They may also ask about the duration of incapacity and whether you have been or expect to be admitted to inpatient care. While an employer is allowed to request certification from a health care provider to support the leave request, a diagnosis is not required.
• Workers’ Compensation claims: In the event you file a Workers’ Compensation claim, an employer may ask questions regarding the details of the work-related injury and your ability to perform the essential functions of your job. But while an employer is permitted to assess your ability to work, they are not allowed to ask for information about unrelated prior conditions that are not relevant to your job.

Your employer may ask for a doctor’s note if you will be absent from work for several days due to illness, but they may not require excessive details. Some employers have policies in place that require employees to provide a doctor’s note when taking sick leave. However, these policies may not require disclosure of a specific condition or diagnosis.

What Remedies are Available if You Were Discriminated Against in the Workplace Due to a Medical Condition?

If you were subject to discrimination or an adverse employment action in the workplace due to a medical condition, or you were unlawfully terminated while on medical leave, you may be entitled to take legal action. By filing a lawsuit against your employer, you may be able to recover compensatory damages, emotional distress damages, and treble damages in twice the amount of unpaid wages. Depending on the facts of the case, available remedies may also include reinstatement to your position or an injunction to stop the employer from engaging in wrongful conduct. In cases where an employer’s conduct was particularly egregious, punitive damages may be awarded in the amount of two times the compensatory damages awarded, up to a maximum recovery of $350,000.

Contact an Experienced Ohio Employment Law Attorney

If you have a disability or medical condition, it’s essential to understand your rights in the workplace. Located in Westlake, Lalak LLC handles a broad scope of employment matters throughout Ohio, including those involving discrimination and wrongful termination based on disability. Contact Lalak LLC online today or call 440-209-2379 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can assist you.