The conversation happens every day in businesses across America. An employee approaches her supervisor and casually says, “Hey, I’ve got to take off at 2 o’clock for a doctor’s appointment — is that alright?” The well-intentioned supervisor, seeking only to make conversation and show empathy as we, as humans, are taught to do, responds, “Sure. Everything OK?” Has the supervisor asked too much? Has the supervisor impermissibly requested the disclosure of confidential employee medical information?
Employee medical information, and the need to maintain its confidentiality, impacts every stage of the employment relationship. While the restrictions placed on employee medical information may leave some employers feeling like they are walking on egg shells, one thing is inevitable; employers, at some point, will come into contact with employee medical information. To avoid the “minefield” of employment laws that address the confidentiality of employee medical information, employers need to understand the boundaries of when, and how much, you can inquire about confidential employee medical information.
