It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. It’s not a legal requirement backed by law enforcement. But your employer may choose not be be your employer of you don’t provide it.
IANAL but as I understand it, in the USA an employer can require you to get a medical declaration that you are fit for the requirements of the job if they see evidence that suggests that you might not be. You are then required to get that declaration from your doctor and give it to your employer. HIPAA doesn’t apply but it could go before a judge to decide if you refuse to provide it.
Steve@communick.news 18 hours ago
CallMeAl@piefed.world 18 hours ago
It won’t go before a judge or anything
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.
Steve@communick.news 17 hours ago
And that suit likely won’t go to court eithor.
But that doesn’t matter, your not being arrested for not giving your PHI. You’re not required to do so.CallMeAl@piefed.world 17 hours ago
your not being arrested for not giving your PHI. You’re not required to do so.
I don’t really understand what kind of distinction you are trying to draw. If the question is, can an employer require you to provide medical information as a condition of employment, in so far as it pertains to fitness to do the job, the answer is yes. You do not have a right to ignore this requirement of your employer. If you did they couldn’t fire you for non-compliance.
Your employer can require you to start at a certain time, wear a specific uniform, or even to refrain from speaking about certain topics while on duty. You would not get arrested for violating any of these but that doesn’t mean they aren’t required of you as an employee right?
Apytele@sh.itjust.works 5 hours ago
Yeah every healthcare job I’ve had has required a physical where the most intensive item is one squat + stand back up but also includes basic push/pull against the examiner, a vision test that includes a check for color vision, and of course drug testing and fingerprinting.