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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 6 of 6. This is the beginning of the thread.
Posted by Paul on October 28, 1998, at 11:27:41
This is not exactly pertinent to this board, but I need a quick answer: is it legal for an employer to require an employee to list all medications he/she is taking? I guess it depends on which state. I live in Alabama.
Posted by Lisa on October 28, 1998, at 23:57:37
In reply to Employer requesting information, posted by Paul on October 28, 1998, at 11:27:41
> This is not exactly pertinent to this board, but I need a quick answer: is it legal for an employer to require an employee to list all medications he/she is taking? I guess it depends on which state. I live in Alabama.
As a former paralegal with a bachelors degree in legal studies, I have to answer that with a big fat NO!!
An employer does not have any rights to such information, and as far as I know, asking you to divulge that information falls somewhere under "discriminating questions that an employer cannot ask."
You don't even have to inform a potential employer of a disability. If you can perform all duties described in the job description, the disability is none of their business (meds included).
If you know that the oral or written job description contains responsibilities that you feel you cannot perform, such as constant traveling, then you can choose whether to explain your limitations to the potential employer or decline the job. If a disability arises after you've already been employed somewhere, the company has to reasonably try to accomodate you if possible. If there is absolutely no other position or changes that they can make, it is possible to terminate you. Still, smart employers will watch out for that.
One final note and you should check with an attorney on this (sorry but I can't make a phone call to any friends at this hour ;), if the employer hired you with the knowledge that you were a disabled individual, he/she/they may have the right to certain information for your protection...but you would have to be legally declared disabled.
Lisa
Posted by Dr. Bob on October 29, 1998, at 1:03:53
In reply to Re: Employer requesting information, posted by Lisa on October 28, 1998, at 23:57:37
> > is it legal for an employer to require an
> > employee to list all medications he/she is
> > taking?> I have to answer that with a big fat NO!!
>
> An employer does not have any rights to such
> information, and as far as I know, asking you to
> divulge that information falls somewhere under
> "discriminating questions that an employer cannot
> ask."Regarding legal questions, it's probably best to
consult with a lawyer, but I'm not sure the answer
is so clear.I think it's with *potential* employers that
discrimination's a big issue: they're not supposed
to deny people jobs just because of any mental
problems.But if it's actual employers, the people already
have jobs, so that's not an issue.Not that discrimination against people should be
allowed once they have jobs...Bob
Posted by Toby on October 29, 1998, at 9:35:19
In reply to Employer requesting information, posted by Paul on October 28, 1998, at 11:27:41
Roll Tide!! Or Go, War Eagle!! Don't want to offend anyone:)
Now, then, regarding what Lisa said, the employer may have reason to ask for a list of medications if you are going to have to take a urine drug screen as part of your job or when applying for a job. However, you should maybe talk to your doctor to see if you are taking anything that would show up as something illicit (like certain allergy meds or other over the counter medications can show up as stimulants), and if not, you may not need to disclose everything.
Posted by janey on October 30, 1998, at 18:43:55
In reply to Employer requesting information, posted by Paul on October 28, 1998, at 11:27:41
About two years ago, a new employee at work had epilepsy and she had a grand mal seizure, injuring her head and arms.
A couple of days after this unfortunate incident (it was her first day and she does still work here), my company sent out a memo requiring all employees who were taking regular medication to list that medication, it's dosages and frequency of dosing. Any prn's were also to be listed, and we were informed to contact our supervisor if/when we were taking a prn med.
I work in a professional environment (publishing and information systems), and was appalled at this, however I complied (to a degree). The memo went on to say that if the company found out that employees were taking medications that weren't listed with human resources, that they could be terminated (what a horrendous, sterile word... why can't they just say "fired")
Two years later, I doubt that anyone in HR remembers this "new" knee-jerk policy, and I'm not going to remind them.
No comments necessarily requested, just sharing the wealth, folks.
janey
Posted by Dr. Bob on October 31, 1998, at 11:33:59
In reply to Re: Employer requesting information, posted by janey on October 30, 1998, at 18:43:55
> my company sent out a memo requiring all
> employees who were taking regular medication to
> list that medication
>
> The memo went on to say that if the company found
> out that employees were taking medications that
> weren't listed with human resources, that they
> could be terminatedI just posted more on this issue at:
http://www.dr-bob.org/babble/19981001/msgs/1003.html
Based on my (admittedly limited) understanding of
this area, a policy like the above, though arguably
well-intentioned, wouldn't be allowed.Bob
This is the end of the thread.
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