Can an employer ask for medical information from an employee?
Yes, an employer in Idaho can ask for medical information from an employee, but not all types of medical information. Generally speaking, the information that an employer can ask for must be related to an employee’s job performance and cannot be intrusive. For instance, an employer can ask an employee for health information about a disability that might prevent them from performing certain duties, or for a medical certification if they need to take sick leave. However, an employer cannot request access to medical records that are not related to job performance. This includes asking employees for information about genetic testing or certain medical treatments they may have received in the past. In fact, it’s illegal for employers to discriminate against an employee based on medical information or genetic testing results, as outlined in Title II of the Genetic Information Nondiscrimination Act of 2008. Finally, employers should always make sure to protect any medical information they have access to. They must ensure that all of the information is kept confidential and stored securely in accordance with the Health Insurance Portability and Accountability Act (HIPAA). In addition, employers should only request the minimum amount of information they need to assess how an employee is able to do their job.
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