Can an employer ask for medical information from an employee?
In Hawaii, employers are generally prohibited from asking employees for medical information. The Americans with Disabilities Act (ADA) and other federal laws provide protection for individuals who have medical conditions. The ADA prohibits employers from asking questions about an applicant or employee’s medical history during the application process or after hiring. Under the ADA, employers are specifically prohibited from asking questions about an individual’s physical or mental impairments, past hospitalizations, medications, illegal drug use, or other medical treatments or procedures. Employers also cannot ask an applicant or employee to take a medical examination before offering a job or during the course of employment. However, there are some situations in which an employer can request medical information from an employee. For example, employers may ask for medical information if the employee is returning to work after a leave of absence due to illness. Employers may also ask for medical information if the employee needs to use medical leave for an illness or injury. In such cases, employers may require that the employee provide information from a doctor about the employee’s ability to safely perform the job. Overall, employers must be careful when asking for medical information in order to comply with the ADA and other state and federal laws. Generally, an employer may only request medical information if there is a legitimate business need and the employee’s medical information is necessary to fulfill that need.
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