Legal Question in Consumer Law in Missouri

Is requesting medical information illegal?

I m currently pregnant and can not afford to go through with a contract

for siding on my home because we now can not afford it. We had 3 days

to cancel, however I found out I was pregnant 10 days after signing. The

construction company says the only way they will let us out of the

contract is if I provide them proof of my pregnancy. I am not

comfortable releasing any medical info to a construction company, My

question is isn't it illegal for them to even ask me for that info?

Thank you


Asked on 7/03/03, 3:28 pm

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Is requesting medical information illegal?

No, it isn't illegal for them to ask for your medical information as a condition of letting you out of this deal.

Employers and potential employers are prohibited from asking those kinds of questions, although that is not an absolute rule. Your health care providers are forbidden from releasing your info to anyone without your permission, but again, there are exceptions to the rule.

Bottom line is this- you signed a contract and are past the "get out of jail free" period. The company could do the work and sue you for payment, if the contract gives a 3 day right of recission. As a practical matter, they would probably not do that, but if they are offering you an out, it is probably a good will concession rather than anything they have to do. Whether you give them proof is up to you, but if your contract with them is tight, they can compel you to pay if you don't go along.

I hope this helps.

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Answered on 7/03/03, 3:33 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Is requesting medical information illegal?

No it is not illegal or unlawful since you brought up the subject of your medical condition in the first place.

I agree with Mr. Faris that you should probably consider providing the information in order to get out of the contract.

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Answered on 7/03/03, 3:37 pm


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