jadelennox: out of spoons (gimp: no spoons)
jadelennox ([personal profile] jadelennox) wrote in [community profile] agonyaunt 2021-07-20 06:27 pm (UTC)

Yeah, honestly, agreed. Unfortunately HR presumably signed off on the ramp and move and new signage without consulting with the LW, which means HR is possibly also going to handle this wrong. I wish I could give the LW the name of some excellent lawyers, because it would be super nice to have that in her back pocket, and I wish AAM had spent 30 second reading up on the ADA violation inherent in this entire kerfuffle (assuming LW is in the US).

Seriously, this is not hard to find on the EEOC website:

Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.

I get that the company "meant well", for some definition of "meant well" that allows the employer to find it sensible to cut the employee out of the accommodations discussion. But every part of that brouhaha is an illegal violation of the LW's confidentiality. The number of times AAM has been shockingly ignorant of a company's legal responsibilities under the ADA is overwhelming and she has really got to learn to look this stuff up.


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