Can employer contact my dr?

[alwaysworkingthruit]

Thank you for sharing your experience and perspective. It certainly helps encourage me to stay positive. We are finally on summer break, so I'm guessing there will be some respite from requests for a few months. But last August they started again, telling me that if I did not provide updated documents, I couldn't start the school year. That was bluff, as I refused?

 

[Friday]

Schools, I’ve noticed, tend to have an overdeveloped sense of entitlement.

If they start up again this August? You might smile kindly at them, as if they’re a particularly slow child, and remind them that you are not a student who has to reapply for IEP/504 accomodations every year. You’re an employee (add tenured, fully vested or any other bell and whistle that adds chutzpah or gravitas to the title) who has taught here XX years. Employees are not required under the ADA to submit to a reapproval process annually, as if they’re a student applying for federally funded programs with limited resources. In point of fact, continuing to demand that you submit personal and confidential information is harassment, and you’d like it to stop, now.

 

[alwaysworkingthruit]

This is about just what I said! My latest response (about harrassment) has now been delivered via president of my teachers' union. Let's see how well received it is on HR's end. . .
Its extremely frustrating also because some of their actions stem from incompetence, I believe. For example, their most recent request for documentation included DOL paperwork (for my doc to complete) for an FMLA request, even though I'm not requesting a leave! It's beyond ridiculous.

 

[alwaysworkingthruit]

Update:

As anticipated, with the new school year on the horizon, my employer wants to evaluate if my accommodations are still necessary. While I am ok with this, they refuse to acknowledge their attempts to contact my dr without my consent or their requests for info to which they are not entitled (ie: full medical records, prescriptionmeds, etc). Now they are asking for me to release a consent so their lawyers can access/discuss my medical records with my union. WTH.

 

[Gs172003]

Despite this being an ongoing (2.5 years) issue, my union lawyer does not want to get involved until 'the next violation.' I'm so defeated because I know the law is being broken, as he too acknowledges. To that end, thank you all for your advice. Support means a lot right now!!!!

Id file a complaint. Illegal is illegal no matter whos doing it. If they refuse to stop call a lawyer who WILL deal with it.

 

[lostforgottensoul]

Illegal is illegal no matter whos doing it. If they refuse to stop call a lawyer who WILL deal with it.

Totally agreed!

While I don't know union laws, this

Now they are asking for me to release a consent so their lawyers can access/discuss my medical records with my union.

Does not sound legal. I would not sign that consent until you have discussed this with your own disability attorney!

 

[alwaysworkingthruit]

Thank you both. My thoughts exactly. They are looking for their counsel to discuss with my unions counsel. The issue at hand is that I am not comfortable sharing my medical records with their counsel, as its UNNECCESSARY. Neither parties are doctors, and as far as I'm concerned, as long as my doc deens accommodations necessary, then the interactive process begins-without lawyers. Am I off base here??

 

[lostforgottensoul]

Neither parties are doctors, and as far as I'm concerned, as long as my doc deens accommodations necessary, then the interactive process begins-without lawyers. Am I off base here?

No. But, at least in the US, accomedations are whatever is a "reasonable accomendation". So, an employer can deny an accomendation if they feel it's not reasonable for their company. But no one ever asks for medical records and medications. Other then a drug screen.

 

[alwaysworkingthruit]

Thank you. This reaffirms my confidence. I am in the US and this is not a drug screen

 

[Justmehere]

I would suggest calling the ADA technical assistance center in your area for clarification. Some of the processes and protections in the ADA have shifted somewhat and they can provide you materials you can pass on to the school or union rep (not all are well versed in the ADA) and/or help know exactly where the line is now.

Are they requiring the records to be released as conditions of employment or the accommodation or asking for your consent to see if you’ll bite? It’s two kind of different things.

Your employer is in the wrong to press in, but in terms of what is worth the fight, and what is worth ignoring as the solution, might be worthwhile to sort out. If the doctor released the records, and the school used them, you would have a solid case you were violated with damages.

Right now, yes, asking for the records is wrong, but they are asking for your consent to get them and because you and the doc continue to say no, stopping the problem? that’s probably why the union rep isn’t yet fighting it. The outcome of them fighting it would be no records released and maybe the level of request would be reduced... with a big battle.

Do you have to continue to respond at all to further requests? If you have provided the documentation to continue to justify the accommodations, and communicated no to the rescuer for more, are you required to keep engaging on these requests for more? If not, I’d suggest just ignoring it. You’ve answered and it sounds like it’s been a clear response well documented.

I’d be upset too if I was in your shoes, and I encourage to you not take their bait that their lawyers are fishing out to get you to react or give in. Stay steady with your boundary. Sorry they are so adamant.

 

[somerandomguy]

Also, be sure to inform your union. They may be able to file a grievance if need be.

 

[alwaysworkingthruit]

Are they requiring the records to be released as conditions of employment or the accommodation or asking for your consent to see if you’ll bite? It’s two kind of different things.

HR says they need documentation in order to continue my accommodations. The problem is that my doctor provides documentation necessitating my accommodations, but that never seems to be enough. The scope of their questions is invasive, intrusive and inappropriate. If the requests were "consistent with business necessity," as the law states, then I would understand. However, there is no "objective evidence" to warrant persistent inquiries.