Alex What should an employer do if an employee is taking a prescription drug?
Post-disclosure handling. After an employer learns that an employee is taking a prescription drug that may affect job performance, it should request a medical certification regarding the effect of the medication on the ability safely to perform essential job functions.
What can an employer ask about an employee’s medical condition?
Things that employers can’t ask about an employee’s medical condition: An employer cannot ask a medical professional for an employee’s medical records, or information about an employee’s health, without permission from the employee.
Can a employer demand medical results from an employee?
Can his employer demand test results? Yes. Right now it is cdc guidelines for employers to request the test results and a doctors note from the doctor releasing the employee back to work. We are in a pandemic. A lot of HIPAA guidelines have been thrown out the window for the better of all.
Are there blanket prohibitions on prescriptions on the job?
Blanket prohibitions are illegal. The ADA imposes on employer an obligation to make individualized inquiries about implications such as reasonable accommodations and direct threats. A blanket prohibition against on-the-job use of prescriptions medications violates this obligation. Drug testing.
Can an employer ask all employees what prescription medications they are taking?
May an employer ask all employees what prescription medications they are taking? Generally, no. Asking all employees about their use of prescription medications is not job-related and consistent with business necessity. The EEOC further states as follows (emphasis added):
Can a employer legally look into your medical information?
Unfortunately, the EEOC does not provide a list of safety-sensitive jobs in which an employer can legally look into your medical information.
Do you have the right to keep your medical information private?
By this law, employees and job applicants have the right to keep their medical information private, whether they are disabled or not. If an employer asks what prescriptions you’re taking, this is regarded as a medical inquiry under the ADA.
How often are employees prescribed narcotic painkillers at work?
With regard to the workplace, the Workers Compensation Research Institute found in a 2014 study, that 65-85 percent of injured workers in most states were prescribed narcotic painkillers.