State and federal laws protect employees and job applicants from employers asking certain questions about medical conditions. If your boss asked you sensitive, detailed, or inappropriate questions about a medical condition, illness, or disability in Ohio, and this led to adverse employment action against you, you may be a victim of unlawful discrimination.
The main privacy law that prevents employers from prying into an employee’s medical conditions or history is the Americans With Disabilities Act (ADA). Under the ADA, all businesses with 15 or more employees must abide by strict rules about when and how they can ask about an employee’s health or disability. The ADA prohibits discrimination and harassment in the workplace due to a disability, including both physical and mental health conditions.
In general, an employer or company may not ask questions about a disability or medical condition on a job application or during a job interview. The job application process should give clear details about the essential requirements of the job and contain questions regarding the applicant’s ability to meet these requirements. It cannot directly inquire about disabilities.
A job application and job interview must only contain disability-neutral questions and language. If an application engages in affirmative action for individuals with disabilities, it may have the option for the applicant to self-identify as a person with a disability; however, the applicant is not required to respond or disclose a disability or medical condition.
Yes and no. By law, an employer cannot refuse to hire you only because you have a disability or medical condition. However, if your medical condition prevents you from performing the essential functions of the job, with or without reasonable accommodations, this is a lawful reason for the employer not to hire you. Reasonable accommodations can include:
A reasonable accommodation is something that does not cause undue hardship to the employer. If you request a reasonable accommodation due to a medical condition, your employer can lawfully ask for more information to understand what you need and how the workplace can accommodate you. If your employer has concerns regarding whether you can perform the duties of a job, the company can ask for a fitness evaluation.
An employer has the right to ask for verification of your use of sick leave in Ohio. This may include a doctor’s note or medical certification that confirms your condition qualifies for leave under the Family and Medical Leave Act (FMLA). However, your boss cannot ask you questions that require excessive details about your condition beyond what is necessary to confirm a legitimate medical absence.
An employer cannot request more information than is necessary about a medical condition or ask questions only to decide whether to hire, fire, promote or demote you. Your employer does not have the right to know all of the details of your medical condition if they are not relevant to your job performance or safety.
If you believe your boss has violated your privacy rights by asking improper or inappropriate questions about a medical condition, contact the attorneys at Scott & Winters Law Firm, LLC for a free legal consultation. You may have the right to bring a discrimination claim or lawsuit against your employer in pursuit of a legal resolution and financial compensation.
