Do ADA confidentiality requirements apply to information about a psychiatric disability disclosed to an employer?
Yes. Employers must keep all information concerning the medical condition or history of its applicants or employees, including information about psychiatric disability, confidential under the ADA. This includes medical information that an individual voluntarily tells his/her employer. Employers must collect and maintain such information on separate forms and in separate medical files, apart from the usual personnel files. There are limited exceptions to the ADA confidentiality requirements: – supervisors and managers may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations; – first aid and safety personnel may be told if the disability might require emergency treatment; and – government officials investigating compliance with the ADA must be given relevant information on request.
Related Questions
- May an employer apply the same quantitative and qualitative requirements for performance of essential functions to an employee with a disability that it applies to employees without disabilities?
- Does the ADA require that employers exempt an employee with a disability from time and attendance requirements?
- Does the ADA apply if the employer believes hiring a person with a disability would pose a health risk?
