Can an employer ask for medical information from an employee?
Yes, in Texas, an employer may ask for medical information from an employee. This is allowed under the Americans with Disabilities Act (ADA). The ADA requires employers to make reasonable accommodations for employees with disabilities. According to the Act, employers may inquire about an employee’s medical condition in order to determine if they qualify for accommodations. The ADA also permits employers to require employees to undergo medical examinations or provide medical information on a regular basis. However, employers must ensure that their requests for medical information are (i) job-related and consistent with the business’s need for the information, and (ii) not used as a way to discriminate against certain employees and job applicants. Employers are required to keep all medical information obtained from employees in a secure, confidential location, and may only use it to make decisions related to the employee’s job performance and accommodations. In addition, employers must notify the employee prior to obtaining medical information and provide a clear explanation as to how it will be used. Overall, employers are allowed to request medical information from their employees in Texas as long as it is done in a way that complies with the ADA.
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