Being Term. while on Calif. Disability

[cinlyn]

On October 6, 2000 I was put on state disability for stress. A few weeks ago my employer wrote requesting a detailed description of my medical condition and the duration of my disability. My doctor wrote back stating indefinite duration and that my medical condition was confidential. Today (12/28) I received a letter from my company demanding a detailed description of my medical condition from me and my doctor and the duration of disability and how my condition effects my ability to perform my job. They quoted 42 U.S.C. 12112 (4)(A0-(B). I have no idea what that is whether a state or federal labor code? They have given me one working day to respond by (01/02) or they will "govern themselves accordingly". I guess they mean they will fire me. It is my understanding that since I am not on workers' comp. they can not demand my medical records. What rights do I have here? Can they demand this information? Does anyone know what kind of law they are quoting? Any advice would be greatly appreciated! Thank you!

 

[crager34]

It's Federal - United States Code (USC)

Not exactly sure what section they are talking about. You might want to ask the doctor to check again for clarification. Should be something close to this:

Sec. 12112. Discrimination

(a) General rule
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(4) Examination and inquiry
(A) Prohibited examinations and inquiries
A covered entity shall not require a medical examination and
shall not make inquiries of an employee as to whether such
employee is an individual with a disability or as to the nature
or severity of the disability, unless such examination or
inquiry is shown to be job-related and consistent with business
necessity.
(B) Acceptable examinations and inquiries
A covered entity may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an
employee health program available to employees at that work
site. A covered entity may make inquiries into the ability of
an employee to perform job-related functions.

 

[cinlyn]

Thank you for the above information. I searched the internet all night long without a clue. I have given the letter to my Dr. and she is also checking into it.