Legal Question in Employment Law in Virginia

Fitness for Duty Examination

As an employee of a small municipal Fire Department, I am required to undergo an annual ''Fitness For Duty'' physical examination. I have no objection to this exam, however, my City Manager and Fire Chief feel they are entitled to receive the entire results of my exam since the city pays for it. I understand that acording to HIPAA and ADA,an employer has the right to know if I am fit for duty or not, and if not, why. But to what extent? I was told ''...since the city pays, they own the results...'' and can do with them whatever they please.

We [FD Staff] are being asked to sign an information release that will allow the physician to report the exam results in entirety. If we refuse to sign, we will be uneligible for promotion or merit raise. While no one is opposed to the Chief knowing if we have a medical condition that poses a risk to ourselves or others, we feel he is not entitled to know the results, for example, of our rectal exam or any other condition that does not directly effect our ability to perform our jobs.

Can anyone clarify this ''ownership'' of MY medical information and advise what protection I have under state and federal law?

Thanks


Asked on 3/31/08, 5:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fitness for Duty Examination

Simply refuse to sign the release and then contest through the appropriate channels denial of promotion or merit increases based upon your refusal to sign for the release of your private medical information, a position from which the city mnanager and fire chief will likely then have to retreat.

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Answered on 4/01/08, 7:18 am


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