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