I've had to disclose at work. They're mostly being okay, I think. I'm in a small satellite office and only my boss has talked to HR. He's told me that they are going to want permission to speak to my doctor on the phone, because they don't accept letters anymore.

Is that legal??

Everywhere I've looked, I just see that the employer can "require reasonable documentation." Documentation doesn't seem to imply a phone conversation.

My doctor is not very well informed about ADD (big surprise), and I'm afraid of what she might say or not say and will completely screw things up. I'd much prefer her response to be in writing.

Also, I understand that I can provide only a limited release to my doctor. From the EEOC:

As one alternative, in order to determine the scope of its ADA obligations, the employer may ask the employee to sign a limited release allowing the employer to submit a list of specific questions to the employee's health care professional about his condition and need for reasonable accommodation.

Any thoughts or experience with this process?

I don't know if that's legal or not, I do know that in the event of drug testing and taking stimulant drugs it is but I will research that, as far as talking to your doctor, ask him if that's legal, I don't think it is. If you have a condition, a boss isn't supposed to require more than documentation

they can ask to talk to any one that they want to talk to, wether or not it is leagle now that is another issue all together. yes they can require resonable documentation that way they know that you are not trying to pull one over on them. but the big thingto remeber is that they only need to have the minimum information to compleat their jobs, nothing more. this is really a need to know only, any more than that you or any one else are not required to give out any more information. I would check out anything to do with hipaa in your area. here is a web site devoted to hippa, mabe this will help. http://www.hhs.gov/ocr/hipaa/ Office for Civil Rights - HIPAA

Medical Privacy - National Standards to Protect the Privacy of Personal Health Information

Your company does not have a legal right to set higher standards for confirmation of your diagnosis than the law provides for. Too bad if they don't want to accept letters -- they do not get to make the law.

However, if they can get you to agree to let them talk to your doctor (and sign something saying that), then they can talk to him or her. Personally, I would not agree to letting them speak to my doctor -- for one thing, there is no written record of what is said. I would just provide them with the info you quoted above from the EEOC. You don't need to explain why you don't want them to talk to your doctor -- simply say, "this is the way the law is written."

Also, once your boss has informed HR, he should not be acting as an intermediary between you and HR. They should speak to you directly if they need something signed, etc. If you don't mind if he goes back and forth, that's fine. But this is a private matter between you and the HR dept. The privacy of medical information which HIPAA mandates applies within your company as well as between your company and your doctors or health insurance providers.

Just one question: how many people does your company have? I don't know what the size requirement is before a lot of these anti-discrimination rules take effect. I think it's 25, but don't quote me.

It sounds like you've been doing your homework. Good luck. You have the law on your side.

Nightwing

whoa: tricky situation.

If your Doc is not extremely well versed in ADD (the subtle impairments etc), I'd advise you get a better spokesperson.

Does your Insurance or EAP (if you have it) cover Psychologists who Test for or Treat ADD? (e.g. Educational Psychologist or NeuroPsychologist)

A Testing Psychologist could explain the Impairments (executive function deficits etc) the BEST, I'd imagine.


Read this about Executive Function (affected by ADD):


http://www.tourettesyndrome.net/ef_overview2.htm#FUNCTIONS


http://www.ncld.org/content/view/865/391/


http://en.wikipedia.org/wiki/Executive_function

Queens U girl, thanks for these links. The first one espeically is terrific, and it lead me to a multi-alarm watch I've been looking for.

Nightwing

Check with JAN-Job accommodation network--http://www.jan.wvu.edu/
This is very dangerous water-and you should be talking with HR, not your boss. The people at jan even emailed with an answer, but do your research first-know the law, your rights and responsibilities and their rights and responsibilities. Go slow and cover your behind-keep records of all communication, journal, print emails, etc, and DO NOT KEEP THE DOCS AT WORK OR ON WORK PUTER.

HIPAA is very restrictive, i do not think you have to allow them and if you decide to, you must limit what is allowed to be said and ask for a transcript of the call or be in on a conference....

Best to you, I experienced ADA violation but was too sick to file in time and was terrified of being blacklisted etc..... Reasonable accommodations, not whatever you want-and not what they don't want. There are .org disability groups in all states, google for your area and contact too-some are lawyer students....

My best to you.

how are things going? are they still asking to talk to your doctor?

That's so odd...when I told my boss her only response was ok...they didn't care for any kind of documentation even though it had been effecting my job to the point of me being on probation. Makes me wonder if I should be getting documentation for them...

blueyeore, I think in your case I'd ask HR, or look through your employee manual, as to just what you need to do to have met the criteria for "informing your employer". Just telling your immediate supervisor may not be sufficient for you to be covered by the law. A good supervisor would pass that info on to HR, but not all supervisors are well-trained, or trained at all, about how to handle an employee's disclosure. I'd particularly want to see that the info gets on my record since you're on probation.

Good luck,
Nightwing