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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116829
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a manager ask me about providing information regarding

Customer Question

Can a manager ask me about providing information regarding my medical condition, threatens consequences to firing from the job if not cooperate.
I used this year twice three sick days from ten allowed and always provided a doctors note.
I have three years to retirement and this is a new manager who in every possible way try to demean my position .
Is there a legal way to prevent further harassment.
I work as a resident manager of residential property.
Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, an employer may seek information from an employee to document their reasons for being out sick and the days of the doctor's note that say "Please excuse Joe from work he was sick" are gone. The employer, who does not have to give an employee sick days off by any law (they may under your union contract, but that is different), has a right to control the use of those days and the right to know that the days are being used for valid sickness (you would be surprised how many employees take sick days when they are not really sick and the employer has a right to seek to prevent that).
However, if you have a medical condition that is a permanent condition and permanently impairs a major life function, you could ask the employer for a reasonable accommodation under the Americans with Disabilities Act and you would still have to provide the employer documentation from your doctor regarding your condition, but once you do so, they can no longer harass you if it is a permanent disability and if they do then you have grounds to file a complaint with the EEOC.
However, if it is not a permanent disability that would be protected by the ADA, the employer has a right to demand proof of your medical condition for taking sick time.
It is possible, if this harassment just started because you are approaching retirement, you could have a claim for violation of the Age Discrimination in Employment Act and also the Older Workers Benefit Protection Act, which prevents an employer from harassing or retaliating against an employee to try to avoid paying retirement benefits and that complaint could be also made to the EEOC against the employer.
Your only other recourse is a grievance through the union contract grievance process.