Can a manager tell an employee that she should take her medication in front of other staff?

Ann Kiernan replies:

No! Employee medical information is confidential.

In addition, in its enforcement guidance “Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act” the EEOC says that it is not appropriate for an employer to monitor an employee’s medication usage. However, it would be a reasonable accommodation to allow the employee a break so that she could take medication.

Posted 06-06-2017

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.