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Am I compelled by law to release medical documentation to the employer I have filed an EEO against.

Portland, OR |

I have filed an EEO against my employer. The complaint is discrimination based on race, mental anguish, hostile work environment, retaliation, and disparate treatment. I have not received a final agency's decision from the EEO, but the lawyers defending the employer are compelling me to release my medical documentation from my mental and physical physicians. Is this normal procedure for the employer to request medical information without the final decision from the EEO commission or does this sound like an agency working to get the case thrown out without going through the proper procedures.

Attorney Answers 2

Posted

The Equal Employment Opportunity Commission investigates discrimination claims based on race in hiring/termination as well as charges involving hostile work environments, retaliatory discharge, and hiring/termination decisions which have a disparate impact.

Call your attorney or the EEOC investigator assigned to your case to discuss the status of your claim and whether the agency has found cause to believe that you were the victim of such unlawful action(s). Your attorney will probably advise you not to release medical records since those records will not substantiate whether you were a victim of unlawful discrimination but might support a claim for damages after cause is found.

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Posted

I don't believe they can compel you to produce those records within the EEOC process. You should contact a local attorney to discuss this with them and to see if they can represent you in this matter. The other side has an attorney. To the extent you do not, it is probably wise to even out the playing field in that regard.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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