New Philadelphia, OH asked in Employment Discrimination, Employment Law and Health Care Law for Ohio

Q: Hipa Law discrimination

put on a Safety Hold due to medical reasons . I am a Truck Driver

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA

A: Your medical condition could constitute a physical disability for which you are entitled to a reasonable accommodation. HOWEVER- the employer does not have to accommodate the condition if you remain a danger to yourself or others, with or without the accommodation. Blind people cannot be accommodated to be truck drivers, but that is an extreme example. If someone disclosed your personal medical information to your employer without your consent and this resulted in your suspension, they may have violated federal law called HIPPA. Which provides you privacy rights. You need to contact an attorney, or several, practicing in this area of law, right away, to discuss all the facts of your case. Thank you for using Justia ask a lawyer.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You could consult with an attorney to look into the validity of authorizations, which would involve HIPAA and privacy - the privacy issues could be separate from medical approval for continued driving duty. Good luck

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