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In an EEOC investigation, can the investigator request a…

Customer Question
In an EEOC investigation...

In an EEOC investigation, can the investigator request a release for medical information?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

HR says no they cannot

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Union salaried

Submitted: 4 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/14/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,929
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the medical information has any bearing on the complaint being investigated, the investigator CAN request a release for medical information. However, the employee does not have to agree to release the information if they choose not to do so. Thus, it is not illegal or improper for the investigator to request the employee to release the information, it is up to the employee as to whether or not they want to do so and there is no law mandating they do so.

HOWEVER, if the medical information has anything to do with the complaint being investigated, the EEOC can close the case if the employee refuses to do so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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