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Disability Nondiscrimination Law Advisor

Medical Information Must Be Kept Confidential

Title I of the Americans with Disabilities Act requires that medical information be kept confidential. This includes requiring that such information be collected and stored separately from other personnel information. Title I permits employers to disclose medical or disability-related information about a particular individual to the following persons or entities in the circumstances described:

  • Supervisors and managers may be provided medical information in connection with work restrictions and the need to provide accommodations.
  • First aid and safety personnel may be informed, when appropriate, that a particular person has a disability or other medical condition only if the disability or medical condition may require emergency medical treatment or special assistance during an evacuation or other similar emergency.
  • Government officials investigating compliance with the ADA must be provided relevant information, including medical or disability-related information, upon request.
  • Selecting officials may be informed of otherwise confidential medical information involved in selecting employees for jobs if such officials require this information to make an informed selection decision.
  • State Workers' Compensation Offices and second injury funds, and workers' compensation insurance carriers may be provided medical information when it is required in accordance with State workers' compensation laws.
  • Insurance carriers may be provided medical information when required for the development and administration of benefit plans.

See 29 CFR 1630.14(b) and (c), Appendix 1630.14(b) and 29 CFR 37.3. See EEOC's Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations Under the ADA.