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Category: Employment Law
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Experience:  I have practiced employment law.
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Can an employer require a list of my prescription ...

Customer Question

Can an employer require a list of my prescription medications and notations of which ones I take during the work day as a condition of returning to work after hospitalization
Submitted: 6 years ago.
Category: Employment Law
Expert:  LawGirl replied 6 years ago.

DearCustomer

Thank you for your question.

Whether your employer can request a list of your prescription medication may by a question of what you do for work and why they are asking. In some situations, where the medication may affect your health and/or safety, your employer may be able to request this information as long as they keep it confidential.

If you desire not to give out this information, you may need to turn the protections of your state employee rights and the Americans with Disabilities Act (ADA). If your employer is using your medical treatment information to in anyway discriminate against you, the ADA may give you the ability to sue. But the ADA is a complicated law and you'd have to spend a lot of time talking with a lawyer who specializes in ADA cases to know your chances of prevailing.

With this legal issue, the devil is in the details, and you're going to need to explore these issues with a local attorney who specializes in employment law.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

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