Can an employer ask for medical information from an employee?

In West Virginia, an employer is generally prohibited from asking an employee for medical information. This is due to provisions in state and federal law that protect individuals from being discriminated against based on their medical status. The Americans with Disabilities Act (ADA) and similar state laws in West Virginia prohibit employers from asking an employee about their medical information prior to making a job offer. After an offer of employment is made, an employer may be allowed to ask for medical information if they can demonstrate that such information is necessary and relevant for the job that is being offered. If medical information is requested, it must be done in a non-discriminatory manner that is consistent with the ADA and state law. The employer must also demonstrate that the medical information is necessary for the job and that they are not unlawfully discriminating based on medical status. Only the information that is absolutely needed for the job should be requested, and the employee must be informed of the purpose of the request prior to submitting the information. In West Virginia, employers are generally prohibited from asking employees for medical information prior to making a job offer. However, after an offer of employment is made, an employer may be allowed to ask for medical information if it is relevant to the job and not used for discriminatory purposes.

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Can an employer ask for medical information from an employee?

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