Company asked me what medication I'm taking - is that legal? 06-04-2008

I have been employed by this company for more than 3 years. I was written up once over a year ago. I have had physical and mental illnesses for more than 15 years now. Knowing that I am being medicated for my conditions, my employer has now demanded that I disclose all of my prescription information or I will be terminated. I was given two days to do so. My doctor doesn't feel right about the situation due to confidentiality laws. I feel I am being singled out and discriminated against because of the side effects of my medication. Please help.

Rita Risser Replies:

This is totally illegal. It violates HIPAA, probably the ADA, and I imagine Oregon law. It would be best if your doctor's office would call HR and say that they do not feel comfortable releasing the records until they receive a letter from a lawyer with justification. Their own lawyers should stop them.

However, if you are asking for a reasonable accommodation for a disability or for a reduced schedule under FMLA, your employer is entitled to get some medical information from your doctor, but probably not all of your prescription information. And, since you mentioned side effects, if you have violated company rules -- even if caused by side effects of your medications -- your employer is entitled to discipline you, as long as they are consistent with they way they have treated similar infractions by other employees. Good luck.

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