Legal Question in Employment Law in Georgia

Employer demanded to see medical record then photocopied without permission

My wife submitted a doctor's note to her supervisor stating that she would need to be under physician's care for the next month. The reason was due to daily medication and blood testing required for invitro fertilization. Her supervisor became hostile about her missing work, demanded to look at her medication/treatment schedule and then stated that ''it looks like you could work on these days here'' After my wife explained why that was not possible her supervisor went and made photocopies of the medical treatment record. She told her that she probably would not be able to get the time off and if she did not report for work she would be written up or worse. She asked my wife if she knew that the company has a mission to perform (she is a flight attendant with a major carrier)and if a baby was more important than her job. My wife was literally in tears as this woman belittled her in her office. This occured on December 23rd, 2005. There are additional details regarding this incident but it seems to me that an employer cannot take and make copies of someone's medical records without their written consent, nor can they threaten her with a possible reprimand or worse.


Asked on 12/26/05, 11:24 pm

1 Answer from Attorneys
Kelly Henderson

Re: Employer demanded to see medical record then photocopied without permission

An employer may ask for medical records when an employee is asking for time off because of a medical condition. That would be allowed under both the Family Medical Leave Act and the Americans With Disabilities Act. That said, your question raises concerns in several areas. It would be gender discrimination for an employer to disapline an employee because that employee wanted to have a child. Depending on what happened over the past few days, I might suggest you speak with an employment attorney regarding the situation.

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Answered on 12/27/05, 8:40 am


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