Can an employer ask you about a possible medical condition in front of other staff members?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer ask you about a possible medical condition in front of other staff members?

If you were in to see the doctor for a stomach flu, can your employer time you while you are in the bathroom, and then in front of staff members ask you why you take so long to use the bathroom? Can it then proceed to ask if you have a medical problem that makes you go longer?

Asked on February 17, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is possible that an employer could do this. Under the law, an employer  may not harass or discriminate against an employee because of a disability. However, most medical conditions--or things that are not even medical conditions, just how a person's own body acts--or not disabilities. If it's not a disability, such as a person simply needing to go to the bathroom more often than many others, an employer may ask about, bring it up in public, or otherwise harass an employee about it. Similarly, if you are a different gender than the others and the employer's comments are actually a form of sex-based harassment or discrimination, that would be illegal--but if there is no sex- or gender-based component, this would not apply. The short answer is, employers have a huge discretion to treat employees badly.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption