Legal Question in Employment Law in California
Recently the company I work for is requiring some employee's to lift 90 lb. instruments (2 people) and pack them in to boxes. I gave HR a letter from my Dr. with a lift restriction of 15 lbs. with help. Now I have received a letter from my H.R. person asking me for the second time to sign a authorization for release of medical information/records/PHI. (I don't sign the first one, I don't feel they need to know what's in my medical file) They are not satisfied that I am unable to lift. They want to "review some limited info. about the nature & extent of my condition. We will be asking your physician to respond to certain written questions regarding your condition. We need to review the answers to these questions from your Dr. to evaluate your ability to perform essential duties of your position." If I don't sign this form for them to talk to her I will be FIRED. What should be my course of action?
2 Answers from Attorneys
Good question.
The company has the right to know generally the nature of your condition since you are asking for accommodation. In fact, it is their legal obligation to inquire, which is more important than any confidentiality concerns. They should have the access to those medical records that are relevant to your restrictions. This is also in your best interest.
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
As Mr Itkin indicates, your employer has both a right and legal duty to understand the medical details of your condtion. If you fail to comply, not only will you lose your job, you will not be entitled to unemployment if the employer contests it.
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