Canmy employer ask me about the outcome ofa medical procedure?

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Canmy employer ask me about the outcome ofa medical procedure?

I had a medical procedure done for migraines. I let my boss know because I thought I might have to take a couple of hours off, but I ended up not because I came in early. She said to me yesterday “we need to know the outcome of your medical procedure to see if it will after your future work”. I said why do you need to know? I have never missed work because of a migraine. Can she ask me that?

Asked on April 21, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a "no and yes" situation in that the answser depends on what happens or  you do next.

It is "no" in the sense that if you do not bring up the migraine, ask for accomodations on account of it, ask for time or scheduling changes to accomodate any follow-up medical procedure(s) etc., then the employer can't ask about--your medical condition is legally none of their business unless and until it affects work.

On the other hand, the answer is "yes" in that if there is any future impact on your work--you need time off, a different schedule, have trouble doing certain tasks, etc.--then they can ask at that  point. Once it affects work, it is their business and the law will let them inquire.


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