Legal Question in Disability Law in California
I have been out on stress disability for 6 months. My employer has asked for Interactive Accommodation but states I must authorize the release of all my medical records. This is a mental health issue, not physical. My doctor has followed all the rules and has told them each time an extension is necessary and that he will not release me to return to work yet. I even understand if they hire someone to take my position, but the wording is such that I would not be cooperating if I do not release my records. I'm appalled this is even legal...or is it? I am on CA State Disability. I'd appreciate your response so I know how to respond to them respectfully. However, under no circumstances will I let my psychiatrist release my very personal records for HR to ponder, without any professional qualifications, whether my leave is essentially legitimate or not. Again, termination of my position -- perhaps. Making it my fault for not cooperating and essentially firing me? No way am I willing to participate in that! Thank you in advance for any guidance and law specifics!
1 Answer from Attorneys
This employer appears to be taking advantage of a legal mandate that requires employers to engage in an interactive process to determine whether they can reasonably accommodate an employee with a disability. One of the criteria involves their attempting to understand what the nature of the disability is, the employee's limitations, and whether those limitations may be accommodated without causing an undue hardship to the employer, which may include taking steps to assure the employee will not harm him or herself, as well as others.
I do not believe this process requires granting carte blanche access to all of an employee's medical records. The request can, and should be tailored to the nature of the disability itself (such as a description of the diagnosis), and the limitations that result from the disability. The discussion should focus on what the employer can do to accommodate the limitations. They don't need to know your entire medical background for this purpose.
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