Does my employer have a right to ask for medical lab results?

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Does my employer have a right to ask for medical lab results?

My employer is asking for medical lab results. I have diabetes and take medication,my employer has known this for 13 years. I feel like my records are private and that my employer is not entitled to have them.There is nothing wrong with the lab results I just don’t feel like my employer needs to see my private records. Do They?

Asked on September 21, 2010 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under what "right" is your employer requesting the records?  You were absolutely correct to be alarmed by the request and to see that red flag pop up in to the air.  Employees have privacy rights that are protected in these situations and backed up by state and federal laws.  Employers need to tread lightly in this area.  If an employer suspects something about an employee - say drugs - then employers have rights to request drug testing but that is separate and apart from your lab results for diabetes.  If there is verification needed for health insurance policy reasons well, that may be a different story.  So find out the "whys" and then seek legal counsel in your area.  Good luck. 


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