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Disability Nondiscrimination Law Advisor

Medical Information Must Be Kept Confidential

Section 188 of the Workforce Investment Act of 1998 requires that medical information be kept confidential. This includes requiring that such information be collected and stored separately from other personnel information. Section 188 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: You may disclose medical information to supervisors and managers in connection with work restrictions and the need to provide accommodations. Section 188 of the Workforce Investment Act permits the same disclosures to trainers.
  • 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.
  • Selecting officials: Officials selecting employees for jobs, or selecting trainees for employment-related training, may obtain medical or disability-related information about an applicant with a disability only in the post-offer, pre-employment/pre-training stage of the application process.
  • Government officials: Government officials investigating compliance with the nondiscrimination law must be provided information, including medical or disability-related information, upon request.
  • State Workers' Compensation Offices and second injury funds, and workers' compensation insurance carriers who require such information in accordance with State workers' compensation laws.
  • Insurance carriers who require such information for the development and administration of benefit plans.

See 29 CFR 1630.14(b) and (c), Appendix 1630.14(b) and and 29 CFR 37.3(b) and 29 CFR 32.15(d) See EEOC's Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations Under the ADA

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