All information obtained from medical examinations and/or inquiries must be collected and maintained on separate forms, in separate medical files and must be treated as a confidential medical record. That is, an employer should not place any medical-related information in an employee’s general personnel file. Further, an employer should take steps to ensure the security of medical information, including:
keeping the information in a separate, locked cabinet apart from the personnel file. If computer files are used, it should be stored on a database separate from personnel files; and
designating a specific person or persons to have access to the medical file.
The EEOC recognizes certain exceptions to the confidentiality requirement:
1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;
2) First aid and safety personnel may be informed, when appropriate, if a disability might require emergency treatment or special procedures;
3) Government officials investigating compliance with the ADA and other Federal and state laws prohibiting discrimination on the basis of disability should be provided relevant information on request.;
4) Relevant information may be provided to state workers’ compensation offices or “second injury” funds, in compliance with state workers’ compensation laws; and
5) Relevant information may be disclosed to insurance companies where the company requires a medical examination to provide health or life insurance to employees.
Employers are well advised to audit their policies and procedures for the retention and use of employee medical information to ensure compliance with EEOC standards. An ounce of prevention now will reduce the risk of a potentila future violation.