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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6816
Experience:  Significant experience in all areas of employment law.
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I am currently seeing a doctor and have a off work order for

Resolved Question:

I am currently seeing a doctor and have a off work order for three days in Ca. Do I have to disclose what my medical conditions is with my boss if he asks?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My goal is to answer your question completely and thoroughly and to provide excellent service.

An employer is legally permitted to request verification (e.g. a doctor's note) of any medical condition resulting in absence from work, regardless of whether the medical condition is work-related or not. However, employers may not demand that such verification describe the particular diagnosis or condition of the employee, as the courts have construed such demands as violations of the ADA. EEOC v. Dillard's Inc. (S.D. Calif. 2012)

Put another way, an employer can require a doctor's note, but generally cannot require the doctor or employee to disclose the particulars of the medical condition.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Customer: replied 1 year ago.


If they demand the information can I sue my company for harassment?

Expert:  Patrick, Esq. replied 1 year ago.
Larry,

Thanks for your reply. An individual in this circumstance would not typically be able to sue for harassment because such claims are typically only permitted when the harassment relates to race, national origin, gender, disability, age (40 or older) or religion. Furthermore, unless the harassment is extremely severe and results in significant emotional distress, any damages would likely be nominal and not worth pursuing.

If your employer were to demote you or fire you for failure to divulge your underlying medical information, an individual in your circumstance could sue for wrongful termination/demotion and collect damages in the form of lost pay.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6816
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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