My employer is asking everyone to complete a Medical History Questionnaire like the one you complete at your first visit to the doctor, asking about surgeries, injuries, mental or chronic illness…etc. No reason why but they’re asking everyone to do this. Do we have to comply with this request?
Ann Kiernan replies:
No! Under the American with Disabilities Act, employers can be asked medical questions ONLY if they are “job-related and consistent with business necessity.” 29 C.F.R. §1630.14(c). And, under the Genetic Information Non-Discrimination Act, employers can ask about family medical history only as part of a voluntary wellness program or as part of the certification process for FMLA leave (or leave under similar state or local laws or employer policy), when an employee is asking for leave to care for a family member with a serious health condition. 29 C.F.R. §1635.8.
Posted 11-18-2020
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.