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Can employer ask for a list of my medications?

Los Angeles, CA |

I have worked for the same company for 2 1 / 2 years . Recently I complained to corporate becasue a manager made a joke in front of customers that I had been released from a work study program . I have Aspergers so I am teased sometimes . He also said he wants note if I take an unpaid day for illness . He only asked this form me .

Attorney Answers 3

  1. Best answer

    Your employer is NOT entitled to know the specifics of your medical condition, medications or treatment. You need only supply a medical certification if generally required of all employees for medical leave.

    The teasing/"joke" sounds inappropriate and you should report it in writing to human resources, so that the manager stops. You should also information human resources about the improper request for a list of your medications and the unevenly applied request for a medical certification.

  2. We simply don't have enough facts here to offer you much reliable guidance. Does your employer know that you are disabled? Are you currently working under an agreed-upon "reasonable accommodation?"

    Management is certainly not entitled to delve deeply into your medical condition, or to know the details of your on-going treatment and care. But, if you are requesting or working under a reasonable accommodation to a medical disability, management needs to know the specific nature of the medical disability and such additional info as is necessary for management to participate meaningfully in the interactive process toward identifying a reasonable accommodation. What's more, management may need certain specifics in order to provide meaningful and effective instruction and training to other employees and managers for fully and fairly implementing the reasonable accommodation and for preventing disability-related discrimination against you in the workplace.

    The "joke" that you complained about is a worthy example for discussion purposes here. This joke is not, on its face, improper or unlawful discrimination. Few people would recognize that it carries any rebuke or disparagement of a person with your disability. If it is offensive for reasons of your disability, your management needs enough information about your medical condition to understand that contention, and to be able to effectively apply such standards as may be necessary and appropriate to the conduct of others at your workplace. You cannot expect management to know the details of all of the ways that you can experience disability-related discrimination if you are unwilling to disclose the nature of your disability and info that enables understanding your vulnerability to discrimination by acts not otherwise improper or unlawful.

    It is difficult to guess why management would ask for a list of your meds, but before concluding that demand is not lawful, it may be useful and prudent to inquire as to the basis for the demand. More info rather than less is always a sound practice before concluding the the other party's conduct is unlawful.

    Finally, if you don''t have an attorney that you can rely on -- on an on-gong basis -- for such questions and concerns as will chronically present themselves about your reasonable accommodation and issues of disability-related workplace discrimination, you need to find one. Disability law and reasonable accommodation obligations are based on factual premises that are subject to change and evolution. You undoubtedly know that the diagnosis of Asperger's is presently under re-definition and revision by the medical community and such revisions to the definition of a medical condition may have profound consequences for employment practices and obligations that are tailored around that condition. A good working relationship with an attorney who is skilled and experienced in employment discrimination as it pertains to medical disabilities can be a significant and valuable resource for you even after the threshold issue of a reasonable accommodation is resolved.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  3. Under state and federal law, employers are limited in the types of medical inquiries they can make. To get a better understanding of the employer's rights and your rights, please look at my Avvo guide on medical inquiries and examinations, and medical confidentiality under the ADA: Also, please look at my Avvo guide to the differences between the ADA and California's more generous FEHA: *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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