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Ask HN: Should I give my employer all my medical records?

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Re: Ask HN: Should I give my employer all my medical records?

#31

Post by bbarn »

As others have said - it's invasive, and probably illegal.

BUT - I feel like we're missing some context here. Is your reason for refusal based solely on privacy concerns, or that you don't want them to know you see a psychiatrist? Have you been underperforming and used your ADHD as justification/excuse as to why and they want some proof of that?

You're mentioning the ADHD, so it must be relevant in some way, otherwise the post would simply be "My company wants my medical records, should I allow it?"

Re: Ask HN: Should I give my employer all my medical records?

#33

Post by asteroidbelt »

throwaway81523 wrote: post #13

In the US this is expressly forbidden by the Americans with Disabilities Act (ADA). It would surprise me a lot if stuff in AU is even worse than here, since for the most part it is pretty bad here. Anyway, contact a labor lawyer.

Are you sure employers in US are forbidden from asking medical records?

Wikipedia says about discrimination, not about medical records.

Also, it is legal to fire people based on their vaccination status which is obviously a medical record.

Re: Ask HN: Should I give my employer all my medical records?

#34

Post by willyt »

ekianjo wrote: post #12
the-alt-one wrote: post #9

"Software devs don't need unions!" - Hacker News

Unions dont care about isolated cases.

Really? In the UK they provide free legal advice and accompany you to every meeting with your employer in any kind of HR dispute. Not sure about every union but definitely transport, teachers and actors.

Re: Ask HN: Should I give my employer all my medical records?

#36

Post by blitzar »

It is legal and normal(ish) in Austaralia [0] - talk to your doctors (immediately) they will have seen it before, lawyers will likely tell you to sign (I personally find emplyment lawyers the worst - my bias).

[0] https://www.racgp.org.au/afp/2017/august/employment-law-a-gu... (not the best source but probably a more useful one than the actual legislation)

My personal assumptions - It sounds like you have some or all of the following happening; a) a poor relationship with your boss, b) you have been back and forth refusing to sign this, c) had a bunch of time off sick, d) are on the path to being dismissed and they are lining up their various options, e) company has a covid vaccine idea to have everyone sign this and it has nothing to do with your mental health.

Some combination of the above suggest you are on your way out of the organisation - brush up the cv, cleanup your work and get an employment lawyer for the pending dismisal. You have been there 10 years, its amazing how personal and owrk merges over time. I didnt even have a copy of my employment contract when they shut the workplace email, phone, etc off. Let alone internal information that will be relevant to your dismisal. Disclaimer: dont steal stuff or IP etc.

If they are locking the doors, you may have missed the bus to negotiate a reasonable settlement whereby your practicioner(s) can certify you have no medical issues that would affect your role without the full release of medical records. If my assumptions are all wrong then that would be the most reasonable course of action.

Re: Ask HN: Should I give my employer all my medical records?

#37

Post by progman32 »

Astounding. I can't think of a situation where this kind of intrusion is ethically acceptable. It were me, I'd question (with a lawyer) what their intent is. Why would a reputable employer stick their neck out like this? Sounds desperate, but maybe I've been reading too much fiction lately.

Document everything, try to keep the situation at work coasting along while you speak to a competent lawyer. I'm not Australian or anyone's lawyer, but my impression is that any sudden moves here can make the case against your employer much harder if you give them a reason to fire you. Next couple months are likely gonna be rough. Watch out for gaslighting attempts.

Be safe out there.

Addendum: I should clarify what I meant by "coasting along". I've heard that if you stop working come Monday that can also make the case harder for you if they fire you, since they can just say you "stopped showing up". Again, not legal advice, just advice I've heard, see what your lawyer thinks...

Re: Ask HN: Should I give my employer all my medical records?

#39

Post by asteroidbelt »

bbarn wrote: post #31

As others have said - it's invasive, and probably illegal. BUT - I feel like we're missing some context here. Is your reason for refusal based solely on privacy concerns, or that you don't want them to know you see a psychiatrist? Have you been underperforming and used your ADHD as justification/excuse as to why and they want some proof of that? You're mentioning the ADHD, so it must be relevant in some way, otherwis…

Yes, knowing the context would be interesting although probably irrelevant to the answer.

I’d just quit, but calling a lawyer sounds right too.

But for example it would be reasonable (albeit inappropriate) to ask medical records of someone taking paid sick days too often.

Re: Ask HN: Should I give my employer all my medical records?

#40

Post by burnoutgal »

bbarn wrote: post #31

As others have said - it's invasive, and probably illegal. BUT - I feel like we're missing some context here. Is your reason for refusal based solely on privacy concerns, or that you don't want them to know you see a psychiatrist? Have you been underperforming and used your ADHD as justification/excuse as to why and they want some proof of that? You're mentioning the ADHD, so it must be relevant in some way, otherwis…

There's no "but", it's invasive and illegal. The boss is using OP's ADHD as an excuse to demand all this private information, to "prove" they need accomodation.
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