AMERICANS WITH DISABILITIES ACT AND CONFIDENTIALITY
By: Steven Babitsky, Esq.
Attorney Arthur Lambert, speaking at the SEAK National Workers Compensation and Occupational Medicine Conference, discussed the interplay between the ADA, FMLA, and Workers’ Compensation laws.
He discussed the confidentiality requirements of the ADA:
The ADA’s confidentiality requirements extend to medical information regarding disability, an applicant’s occupational injury or worker’s compensation claims, and FMLA claims providing they are related to a disability under the ADA. This information must be kept in a separate medical file, and must continue to be kept confidential even after the employment relationship is terminated.
Under both the ADA and FMLA, only the following individuals may have access to confidential medical information:
- Supervisors and managers may be told only of necessary work restrictions and accommodations.
- First Aid and safety personnel may be told, when appropriate, of any disability which may require emergency treatment.
- Information may be given to Worker’s Compensation authorities and insurance companies in accordance with state Worker’s Compensation laws, and must be provided to the EEOC if requested.
- Information may be used for insurance purposes.
Attorney Megan Norris will be presenting ADA Latest Developments: What Occupational Health Professionals Need to Know at the SEAK 33rd Annual National Workers’ Compensation and Occupational Medicine Conference to be held on July16-18, 2013 on Cape Cod, MA.
Attorney Norris will discuss the expanded definition of disability and major life activities under the act. She will explain the new role of mitigating measures, reasonable accommodation, and flexible leave policies. Atty. Norris will offer practical suggestions for dealing with confidentiality accommodation, direct threats, and retaliation claims.
Megan Norris Esq. is a nationally recognized expert on the ADA having written and lectured extensively on the act. She received her BA from Wesleyan University and her JD from the University of Michigan Law School. Atty. Norris was selected as one of the Best Lawyers in America, Labor and Employment 2003-2011.
The SEAK 33rd Annual National Workers’ Compensation and Occupational Medicine Conference will be held on July16-18, 2013 on Cape Cod, MA.
For additional information about the SEAK National Workers’ Compensation and Occupational Medicine Conference click here.
Steven Babitsky is the conference leader.