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

Scott C. Labarre slabarre at labarrelaw.com
Mon Jun 25 23:52:24 UTC 2018


Randy, as for a straight up ADA question, employees are absolutely not
required to disclose a disability pre-employment offer.  Employers can't
even ask about disability.  With respect to the religious order etc, it
depends on in what context it is hiring.  For example, many moons ago I sued
Catholic Charities under Title I o the ADA because they would not hire a
blind social worker.  It depends on whether the function being carried out
is a truly religious one.  The Catholic church can require, or example, that
their priests not possess any disabilities.  If you want any more help with
this, just give me a call.

Best,
Scott

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Angela
Matney via BlindLaw
Sent: Monday, June 25, 2018 3:27 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Angela Matney <amatney at loeb.com>
Subject: Re: [blindlaw] Can you be required to waive ADA in an employment
context

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 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.
>
> <Farber, Randal S .vcf>
>

------------------------------------------------------------------------
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
or previous e-mail messages attached to it may contain confidential
information that is legally privileged. If you are not the intended
recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to
this transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify the sender. Please destroy
the original transmission and its attachments without reading or saving in
any manner. Thank you, Loeb & Loeb LLP.
------------------------------------------------------------------------

_______________________________________________
> BlindLaw mailing list
> BlindLaw at nfbnet.org
> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
BlindLaw:
> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/amatney%40loeb.c
> om
_______________________________________________
BlindLaw mailing list
BlindLaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
BlindLaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/slabarre%40labarrelaw.
com





More information about the BlindLaw mailing list