Employers usually obtain medical information about their employees by asking employees to authorize disclosure of medical records. This can occur in several ways. When medical insurance is paid by employers, they may require insurance companies to provide them with copies of employees' medical records. Self-insured businesses establish a fund to cover the insurance claims of employees. Since no third party is involved, the medical records that would normally be open for inspection by an insurance company are accessible to the employer.
Most large corporations are self-insured.
Unfortunately, the laws in only a few states require employers to establish procedures to keep employee medical records confidential. After employment is offered, an employer can only ask for a medical examination if it is required of all employees holding similar jobs. If you are turned down for work based on the results of a medical examination, the employer must prove that it is physically impossible for you to do the work required. The EEOC's phone number is listed in the U.S. Government section in the white pages of the phone book. Your medical records may be subpoenaed for court cases.