Although personal medical information is inherently private, this privacy right is not absolute. An employer’s legal duty to accommodate is based on the presentation of reliable evidence showing that an employee suffers from a disability and that their disability prevents them from performing certain duties or tasks. Therefore, an employee has no right to accommodation unless they are able to provide sufficient and reliable evidence of a disability. Based on this, an employer is entitled to medical information as long as the request is reasonable and made in good faith. Employers should generally limit their request to medical information that will:
Confirm the existence of a condition, and therefore the need to provide accommodation;
Help the employer understand what limitations are imposed by the disability; and,
Help the employer understand what will and will not work for the employee in regard to accommodations.
Confirming the existence of a condition does not include a copy of the employee’s official diagnosis. In most cases, an employer does not need to know the name of a disability in order to accommodate it and should avoid asking for an official diagnosis or cause. An employer should avoid asking for copies of test results, or information regarding prescriptions or medical history.