Employer Rights and Obligations in Connection with Employee Personal Medical Information
Requesting medical information from an Employee raises innumerable legal issues related to privacy, human rights and workplace safety. Employers are legally responsible for maintaining a healthy and safe workplace while at the same time managing their business in accordance with human rights and privacy legislation. Managing a business involves dealing with Employees who are disabled and require some form of accommodation. Given the legal framework, Employers may be understandably apprehensive about requesting medical information from their Employees.
The developing body of court and arbitral jurisprudence has increased Employer obligations in the area of accommodation. As well, new legislation in some jurisdictions has increased Employers’ potential liability for the unlawful conduct of their Employees. Thus Employee disclosure of personal medical information will increasingly be relevant and necessary.
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