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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16006
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I was forced to sign a document allowing my employer access

Resolved Question:

I was forced to sign a document allowing my employer access to personal medical information in order to get a Disability parking permit at work. I already had a valid/current state-issued handicapped parking permit, but my employer deemed that unacceptable. How is this not a violation of HIPAA and/or the intention of the Disability regulations?
My employer is in NC while my home/permanent residence is in Washington State. The NC employer claimed that they did not have to recognize the handicapped parking permit from outside of NC. Since I have travelled all over the U.S., and have used that handicapped parking permit in rental cars all over the U.S., why does this NC employer think they have the right to demand this personal information?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation, it is true the employer does not have to accept an out of state parking permit, as they only apply to the State it was issued in,

wallstreetfighter :

however they could review the permit and contact the State to see how they determine disability or have given you the benefit of doubt,

wallstreetfighter :

In regards XXXXX XXXXX Hippa violation that would not be the case, as you gave them permission,

wallstreetfighter :

You can notify your Doctor, that you want to revoke the authorizatio,

wallstreetfighter :

authorization,

Customer:

So, it is not coercion (sp?) to have forced me to sign it ...?

wallstreetfighter :

You may have a discrimination complaint,

wallstreetfighter :

for there actions, and if they have a pattern of discriminating against you due to your disability, consider an ADA discrimination complaint

wallstreetfighter :

It could be coercion, if they stated they will fire you if not provided,

wallstreetfighter :

however since you are asking for an accommodation due to your disability the law allows the employer to request medical proof,

Customer:

It is a vicious circle ... I need to be able to park close to the building in order to work for them. If I cannot park close to the bldg., then I cannot work here ... They demanded that I give them access to my medical records in order to get a parking permit to park close-in, so, it seems like they forced me to relinquish my legal rights in order to get employment ...

Customer:

And, all this happened after I travelled to NC at my own expense in order to start the contract -- nothing about 'lack of parking' was communicated, and I have never asked about availability of parking in a phone interview -- would be absolutely horrific.

wallstreetfighter :

Under the law the employer must provide you reasonable accommodations for your disability,

wallstreetfighter :

however, once you request accommodations, the employer is allowed to verify the medical condition,

Customer:

Okay -- thank you. I understood that I had already been subjected to the verification when I got the handicapped parking permit from WA -- does not seem OK that everyone gets to "verify", but am sure that level of decency/fairness would require a change to the wording of the law.

Customer:

You have answered my question.

wallstreetfighter :

Good luck, and if they refuse to provide you the parking space, you have the right to file a discrimination complaint with the EEOC, against the employer,

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16006
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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