Should an Employee Sign a Medical Authorization Form?

Question from Shelly, Should an Employee Sign a Medical Authorization Form?

Answer from AI:

When an employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA), employers may need to verify the employee’s medical condition to determine the appropriate accommodation. This often involves the employee signing an authorization form allowing the employer to communicate with the employee’s healthcare provider. Here are some key considerations for an employee deciding whether to sign such a form:

Understanding the Authorization Form

The authorization form you provided allows the employer to:

• Receive specific medical information from the employee’s doctor.
• Discuss the employee’s medical condition and accommodation needs with the doctor.
• Share the information within the company as necessary to make accommodation decisions.

Key Considerations

Before signing the authorization form, consider the following:

1. Scope of Information: The form specifies that only information necessary to determine the ability to perform job functions and evaluate accommodation needs should be disclosed. Ensure that the form does not allow for the release of unrelated medical information.
2. Expiration Date: The form includes an expiration date, after which the authorization is no longer valid. This limits the duration of the employer’s access to your medical information.
3. Confidentiality: The form states that information will be shared only as necessary within the company. Under the ADA, employers are required to keep medical information confidential and separate from regular personnel files.
4. Voluntary Nature: While signing the form is often necessary to proceed with an accommodation request, it should be voluntary. Consider whether you feel comfortable with the level of information being shared.

Legal Protections and Resources

The ADA provides protections for employees with disabilities, including the right to reasonable accommodations. Employers must engage in an interactive process to determine appropriate accommodations and cannot retaliate against employees for requesting accommodations.

For more information, you can refer to the [U.S. Equal Employment Opportunity Commission (EEOC) guidelines on reasonable accommodations](https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada).

When to Seek Legal Advice

If you have concerns about the authorization form or the accommodation process, it may be beneficial to consult with a legal professional. An attorney specializing in employment law can provide personalized advice based on your specific situation. Legal advice is particularly important if you believe your rights under the ADA are being violated or if you face potential discrimination.

In summary, while signing the authorization form is often a necessary step in the accommodation process, it’s important to understand the implications and ensure your rights are protected. Always consider consulting with a legal professional for guidance tailored to your circumstances.