[blindlaw] Can you be required to waive ADA in an employment context

[Farber, Randy]

This is a bit out of my field of practice, so I thought I would see if any of you have had any experience.  I have a potential client, who is being hired by a company that operates hospitals in several states.  She went to the hospital for  her routine physical (and I assume drug test) for employment.  They required her to complete a full medical history asking about diseases and illnesses.  The problem, is that they required her to sign a consent to release not only the physical and drug test results, but to release ALL of her medical information, including any disabilities.  I can understand having to release the results of the drug test and whether she is physically fit to work, but releasing everything?

The primary question for this list is whether requiring her to release information about a disability is in violation of the ADA?  Does it make a difference that the employer may be related to a religious group?

The second question, and one which this list may not have experience, is whether the requirement to disclose violates HIPPA.
Randy

Randal S. Farber
Jackson Walker L.L.P.
1401 McKinney, Suite 1900
Houston, Texas 77010
713-752-4241 - Phone
713-308-4120 - Fax
RFarber at JW.com<mailto:RFarber at JW.com>
[Randy_farber1]
Board Certified, Commercial Real Estate Law - Texas Board of Legal Specialization, Since 1996
The statements contained herein are not intended to and do not constitute an opinion as to any tax or other matter.  They are not intended or written to be used, and may not be relied upon, by you or any other person for the purpose of avoiding penalties that may be imposed under any Federal tax law or otherwise.


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