Can an employer ask for medical information from an employee?
In Massachusetts, employers can ask for medical information from an employee in certain circumstances. Generally, an employer may ask an employee for medical information if it is job-related and necessary for the performance of the employee’s job duties. For example, if an employee has an injury, the employer can ask the employee for documentation of the injury in order to determine the extent of the injury and the employee’s ability to perform the job functions. Employers may also require a medical exam for safety reasons, if there is a reasonable belief that the employee poses a direct threat to the health and safety of himself/herself or others. In cases like these, the employer must show that the medical exam is necessary to protect the safety of the public or other individuals in the workplace. On the other hand, employers cannot require medical exams or ask for medical information that is not job-related and necessary for the performance of the employee’s job duties. For instance, an employer cannot require an employee to undergo a medical exam or provide medical information in order to determine whether the employee is physically fit for the job or to determine the employee’s age. In sum, employers in Massachusetts can request medical information from employees if the request is job-related and necessary for the performance of the employee’s job duties, or if there is a reasonable belief that the employee poses a direct threat to the health and safety of himself/herself or others.
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