Americans with Disabilities Act - Employer's inquiry too detailed?
336389
Your employer is within their rights to request a written documentation of your work restrictions or modifications from your physician. Your physician does not have to give them further details but it will ease your way with your employer if you can indeed back up the restrictions with a diagnosis at least. Companies are required to treat medical information with confidentiality and most companies will even keep medically related information in a separate file from your personnel folder.\n\nIf your restrictions are a result of a worker's compensation claim, then your employer is entitled to a diagnosis and as well any work restrictions or modifications as well as an expected return to work estimate. This can be extended, amended or you can be released from these restrictions by your physician at any time.\n\nIf your company is unable to accommodate your work restrictions they must attempt to find a comparable position for you within the company or, if work comp related, you will be placed on what's known as temporary total disability.\n\nDiscuss your fears and any concerns with your physician. They should be well versed in your states medical disclosure laws as well as HIPPA compliance.
151762
If it is legal, you can check with your payroll or human resources department.  Otherwise you might wanna add more info as to what you are trying to find.
218502
I am not sure what that means, but check out this site.\nhttp://www.dol.gov/ebsa/\nThe US Dept of Labor oversees ERISA.
348326
You may be protected under the "Americans with Disabilities Act". It does depend on what your disability is, however. Contact a lawyer that specializes in employment law. If moeny is tight, send a letter to the ACLU.
125665
I think it differs by where you are located but your best bet is to find out who your ADA Coordinator is and contacting them about getting special accommodations for those with disabilities. If I knew where you were located I might be able to be more help.
657094
Legally, they cannot discriminate against you because of your disability.  The Americans with Disabilities Act states that if you are able to perform the essential functions of the job with or without reasonable accommodations, they cannot use your disability as an excuse not to hire you.  If they do, you have legal recourse against them (but do you really want to work for them if they have such a poor, discriminatory attitude???  Probably not.)  As someone else previously suggested, your local Division of Vocational Rehabilitation will be able to help you with job placement and advocacy, and may have contacts with "disability-friendly" employers in your local community.
587372
This depends entirely upon your state's employment commission. I recommend finding the website for them, or giving them a call so they can either tell you what your rights and procedures should be or refer you to appropriate counsel.
169555
Am employer can ASK what he or she wants to.\n\nHowever, what you are LEGALLY required to reveal is a different matter.\n\nConsult a lawyer in your state or country for specific details.
1074952
Just a form?  Oh, wait until they want to meet with you!  \n\nI don't know enough about your situation to clearly advise you.  If you've been working, make sure you tell them that you have some kind of accommodations made so you can do the job.  Shorter hours, flexible hours, extra help from supervisor, whatever is believable and reasonably likely you have.  \n\nIf you're not working, you likely have nothing to worry about.\n\nWhen I was reviewed I was worried.  I have some good days and don't appear to have any problems.  And I've had a few part-time, temporary jobs.  It turned out that the interview was in the next city- and I didn't know my way around.  I got lost, almost didn't make it.  (If you don't make it you lose, they said- even though it makes more sense to me that if I can't organize my time enough and find the place that shows I couldn't do a job, right?)  Anyway- I got so stressed over the city traffic, getting lost, almost being late- I was a basket case when I went in.  That's all it took.\n\nThank goodness they didn't see me in a better situation.  A bad experience made the day overall a good day- as I kept my disability.
940316
Only an attorney, properly licensed in  your state, can analyze this situation and give tailored legal advice to your situation.  You didn't specify the state, and therefore, the below is GENERAL legal information, and should not be construed as legal advice for you.\n\nUnder the worker's compensation laws of all 50 states, when a worker is injured on the job, the worker has a responsibility to follow their company's policy on job related injuries.  Generally, a company may not insist that the worker go to only those physicians recommended by the company, but that varies somewhat from state to state.  However, you should have probably been evaluated by a M.D. and not a chiropractor.\n\nIn the situation described above, out of all this can be seen a few facts that are relevant, and the remainder are not.  These are:\n1)  Complaintant was injured while in the course of his employment;\n2)  Complaintant went to a medical provider recommended by the company, but then LIED about the nature of the injury;\n3)  Complaintant was then not released medically to return to work;\n4)  Complaint VOLUNTARILY terminated her employment.\n\nThere really isn't any controversy about whether Complaintant lied on the medical form. There could be some controversy about the voluntariness of the termination, but all we have to go on here is the available facts.  In fact, Complaintant never states that SHE was personally told that she would be fired if she called in.  This is always 3rd party information.  For the same reason that 3rd party information is not normally admissible in court (hearsay rule), I don't give it much credence here.\n\nIt isn't clear under the circumstances what remedy the complaintant wants.  It may very well be too late to file a worker's compensation claim, but that will be termined by the state laws.\n\nYou need to consult an attorney in your state who can analyze the situation and give you the properly tailored advice.  For a referral to an attorney, consult your local or state bar association.
268116
There is nothing really that you can do  You were an employee at will and they are free to do what they want.  If you were fired ad believe you were let go beacuse of your age or some disability, then you can contact the State for assistance.  But it is very unlikley that you have much recourse.
728120
It depends.  If you need a certain level of hearing to perform your job duties then the hearing test may be necessary.  Your boss should have had the discussion with you in private & by law should not discuss the issue with any of your co-workers without your consent.  If you are hearing impaired you may want to seek out a client advocate from your local Independent Living Center for the Disabled.  Call them up and tell them your issue & they will advise you.
721736
It can be a disability depending on many factors. Is it wrong for not informing employers? This may sound harsh but definitely, how would he/she feel if they severely injured someone or even themselves if they had a seizure during the course of their job and in this sad culture of litigation the financial implications could be enormous. Employers should be informed so they can perform an accurate risk assessment that ultimately will not only benefit the person but the whole workforce at large.
292023
You have protection under the American With Disabilities Act of 1991.  \n\n"Your employer must make reasonable accomodations" to you.\n\nHave you considered talking your supervisor to let them know how bad the situation is.  Sometimes people forget some of the challenges those with disabilities must endure.  Maybe a dialogue could solve the problem before the lawyers get involved.\n\nGood Luck.
920540
Unless your illness falls under a disability covered under the American with Disabilities Act, I think you are out of luck absent some employment contract.  Since I doubt you have a contract for employment, your employment is at will, therefore you can be fired (or you can quit) at anytime. Good luck.
1079274
Do not hesitate to tell your new employer about your condition.  If you hide it, and it comes out later, you'll have no recourse.  Mental illness is the condition or conditons you've described.  Disability is assigned when it interferes with your ability to function independently in your life whether it be simple things like self care (bathing, eating, dressing) or more complex tasks like working, driving or managing a household.  The Americans with Disabilities (ADA) is very well known by your employer.  You should discuss your work-related concerns with your physician as well.  The ADA applies to mental disability as well.
322794
Of course they should tell you what the decision is regardless of whether it is being randomly reviewed.\n\nIt sounds like pen-pushers gone mad!\n\nTalk to your locally-elected government representative and demand that the system change so that you can be told of the decision that has been made.\n\nIf you are applying for a disability pension, you have enough to deal with without that load of garbage being added to it!