Is the employer allowed to ask about specific procedures, medications, conditions....regarding an employee?
I guess a follow-up question would be is an employer allowed to terminate an employee based solely upon medical information (assuming it can be divulged by the medical office)? I suppose it would be on a case-by-case basis. But for example, if an employee did absolutely nothing wrong at work, but through calling the insurance, the employer found out the employee was schizophrenic but taking medication, could the be fired only based on that information?
I think the expanded response I gave covers the first question; let me know if it doesn’t.
As for the second....you’re correct, it depends. Assuming the laws of the state and if you’re in a union, because it’s really labor law.
Example: I have a CDL and currently working as a truck driver. I’m diagnosed with epilepsy (I’m not, just example). I am on seizure medication and I’m seizure free. By law, I can’t hold a CDL until I’ve been off medication and am seizure-free for 10 years. I’m not sure, but I think a doctor is required to report to the DMV when anyone is diagnosed with epilepsy. DMV will yank my license and my employer notified. Therefore, my employer has the right to terminate me since I can’t perform my job.
Mental health is a bit different, because mental impairment that substantially limits one or more major life activities is defined as a disability under ADA. Therefore more job protections are afforded. At that point, the employer has to make ‘reasonable accommodations’ for the employee.
It’s hard for an employer to know they need to make those reasonable accommodations if the employee doesn’t tell them that they have the issue. But still, the employer couldn’t contact the doctor, pharmacy or insurance provider and ask what drugs they’re on, what’s the prognosis, etc. Even if they’re trying to determine how best to accommodate the employee. The employee would have to give written permission for the employer to get info from these people. In fact, HIPAA for mental health issues is more stringent than for physical issues.
So if I had a mental health issue that needs accommodation, I would tell my employer so that I get the accommodation I need. But I wouldn’t be telling them what drugs I actually take.