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

[Angela Matney]

Randy,

I'm not certain about the ADA issue, particularly in the context of a religious employer. As for HIPAA, requiring the employee to release this information isn't a violation of HIPAA, but it could lead to violations of GINA, the Genetic Information Nondiscrimination Act. I would have to review GINA to be sure. Having said all of this, requiring an employee to disclose this information makes no sense from the employer's perspective, because now it has information that could lead it to make discriminatory decisions.

Good luck.



Sent from my iPhone

> On Jun 25, 2018, at 5:19 PM, Farber, Randy via BlindLaw <blindlaw at nfbnet.org> wrote:
>
> This email originated from outside of Loeb's Network.
>
> 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
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>
> <Farber, Randal S .vcf>
>

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