Are employers allowed to ask for medical information?

The short answer is “no” in Texas, employers are not allowed to ask for medical information. In Texas, medical information is considered “sensitive information” and is covered under a state law known as the Texas Labor Code. This law prohibits employers from asking for medical or psychiatric information from their employees, applicants, or other “business associates”. Under the Texas Labor Code, employers are also prohibited from using medical information for any discriminatory purpose. This means that employers cannot make any decisions based on medical information that would adversely affect an employee, applicant, or other business associate. The same law also prohibits employers from using medical information as a condition of employment or payment. In addition, the Americans with Disabilities Act of 1990 (ADA) also prohibits employers from asking job applicants about any disability-related medical information. The ADA requires employers to provide reasonable accommodation for persons with disabilities, but it also prohibits employers from inquiring about whether an applicant has a disability. Overall, employers in Texas are not allowed to ask for medical information from their employees, applicants, or other business associates. This applies regardless of if it is related to the job or not. Employers will face legal action if they are found to be in violation of the state or federal laws pertaining to their use of medical information.

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