Legal Question in Disability Law in District of Columbia
Medical information request by employer
My mother who is 67 has macular degeneration, working as a salesperson at a major department store for over 3 years. She had this condition when she was hired but was not discussed. She uses a magnifying glass to read information, though price tags are scanned by the register. She is consistently the top performer in her store. Other than supervisors, she is the only salesperson who closes out the main registers. She is one of the highest paid sales clerks. The HR department recently discussed with her a store-wide cut back in hours but assured her that her job was safe. The HR director also asked what was wrong with her eyes, indicating that he can provide accommodations if needed and requested a doctor's note explaining her condition. My mother's supervisor indicated that she can't tell her all that is going on but that I would know what to do. Is my mother required to provide a doctor's note? Is this a trap or a setup to have her removed from her job, forced to retire on disability, or be assigned to a lower paying job? What could be afoot?
Thanks
--name removed--Ray
2 Answers from Attorneys
Re: Medical information request by employer
What they need to know is whether they can move her to another department and whether she needs to have accomodations if they need to make business decisions around her.
She needs to reinforce the fact that she can do her job with whatever her eye condition is. Refusing to discuss it is not fair, if she's using a magnifying glass to read price tags. If she has to have a scanner to really do her her job, it's fair enough that they know this. Since they already have scanners, it's a minor accomodation and she can hold them to it. As for other business decisions, she needs to have local legal counsel if they take an adverse decision and it really looks like it's because of her age/eye conditions.
Re: Medical information request by employer
If your mother did not request an accommodation, does not need one, and is doing her job well, then the employer has no reason or right to request medical information.
The HR person may just have been trying to be helpful, but, again, there would be no right to require medical information under the above circumstances. That would violate about 150 laws, not to mention the state constitution.
So, if your mom does not need any accommodation, she should politely refuse to provide medicals. She should make it clear that she does not need an accom, did not request one, and does not have any problem performing her job.
As for the employer's motives, obviously they will be looking for reasons to cut back hours or lay off people since they have said they are doing so. If your mom is affected, it sounds like she will have reason to suspect both age and disability discrimination.
If she gets wind that she will in fact be affected, she should think about hiring an attorney at that point to try to stem the tide before she is laid off. The attorney at least could send a warning letter that any adverse employment action would be viewed quite suspiciously given the facts you discussed.
In any case, if the facts are different than what I have discussed, or you need other information, please feel free to call for a free consultation. I'd be glad to review the matter with you and/or your mom.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
