Here’s what Texas law says about an employer asking about your medical condition
Say your interviewing for a job in Texas and the employer asks you to delve into your medical history.
Or, maybe your current employer asks if you have a disability or tells you that you need to have a medical exam to find out. Is any of this legal under state or federal law?
Texas employers are allowed to ask employees for a doctor’s note, but what about further medical information?
Here’s what to know.
Can a Texas employer ask job applicants to discuss medical conditions?
It depends.
Under U.S. Code title 42 chapter 126 section 12112, an employer is not allowed to conduct a medical examination or ask a job applicant if they have a disability, or the nature or severity of such disability.
An acceptable inquiry for an employer, is asking the applicant about their ability to perform job-related functions.
Can a Texas employer ask an employee about medical conditions?
Again, it depends.
Under the same U.S. code as above, an employer is not allowed to conduct a medical examination or ask an employee if they have a disability, or the nature or severity of such disability unless the inquiry/examination is shown to be job-related and consistent with business necessity.
Essentially, an employer must reasonably believe the employee has a health condition that impairs their ability to do the job or poses a threat to the harm of others, according to the Dallas-based Law Office of Rob Wiley.
Furthermore, the employer may ask the employee about their disability if they ask for accommodations. If that happens, the employer can ask the employee for evidence about their disability and why they need the accommodation, according to the law firm.
In this case, the employer is entitled to ask for documentation from the employee’s doctor about the disability, but cannot demand anything more, like the person’s complete medical history.
