Can my supervisor ask me what my health issues are?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my supervisor ask me what my health issues are?

Everyone is expected to train new employees where I work. This requirement is not written in our job description or in our union contract. The last time a number of people trained a new employee, the management wrote up an employee for not training well enough. There are no policy’s and proceedures to go by when training and I get physically ill when I’m put on the schedule to train for fear of loosing my job if Im not good enough. I told my supervisor I would prefer not to train due to sever health issues it has caused in the past. I didn’t tell her more because my supervisor will tell others.

Asked on July 9, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once you bring up health issues as a reason you cannot do part of your job or you have performance issues at work, then yes, your employer may seek clarification of them in order to better understand how this affects your job, whether they have to accomodate you (and if so, how), and also whether they face any potential liability, should you suffer injury on the job, or somehow cause injury to another. (E.g. say you drive for work--the employer has a right to know whether you are more likely to have an accident, because you may pass out or faint.) By bringing up health issues, you  "opened the door" for your employer to inquire.


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 lock Secured with SHA-256 Encryption