Legal Question in Employment Law in Oregon

Re: Employer called my Doctor

The first question relating to your situation deals with the Americans with Disabilities Act. Under the ADA, "An employer may require an employee to provide documentation that is sufficient to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested, but cannot ask for unrelated documentation. This means that, in most circumstances, an employer cannot ask for an employee's complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation.

"Documentation is sufficient if it: (1) describes the nature, severity, and duration of the employee's impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee's ability to perform the activity or activities; and, (2) substantiates why the requested reasonable accommodation is needed." (EEOC Guidance on Inquiries)

The second potential issue involves your medical leave. An employer is entitled to require sufficient evidence to establish a right to FMLA (or state OFLA) leave. That information is limited to such information that is necessary to establish that the employee's condition is a "serious health condition." Access to the entire medical file is not required.

Your fact situation presents complex issues. If you become subject to discrimination due to your medical condition or medical leave, you should seek specific legal advice.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and

you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully

informed of all the pertinent facts and who is familiar with the applicable law.