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I’ll go ahead and file this one under “duh.”
If an employer inquires about an employee’s medical condition, the Americans with Disabilities Act mandates that it be job-related or consistent with business necessity. Even then, an employer must treat any medical information obtained from a disability-related inquiry or medical examination, including any information that an employee voluntarily discloses, as a confidential medical record.
An employee who claims that their employer violated the ADA’s confidentiality provisions must prove three things:
Their employer obtained their medical information through employment-related medical examinations and inquiries, The employer did not treat that information as