Can I contact my employee's doctor if he is exhibiting unacceptable behavior?
The company in question is very small (6 employees), and all employees are friendly and open about personal issues.
One employee is on medication for an anxiety disorder. When he doesn't take his medication, he becomes paranoid and anxious to the extent that he is unable to perform his job. He is currently displaying these behaviors.
The company owner and all employees are aware of his condition and medication(s). They have asked him if he is taking them properly, and he says he is, but obviously something is wrong, and he is possibly a hazard to himself and others on the job (if he even shows up). He will not see his doctor for a checkup.
Question: can the employer somehow force him to see his doctor, or contact the doctor directly with their concerns? (As I said, they are very open and know who the doctor is.) If the employee does not comply, can they fire him, or is this an ADA problem?
Answers (1)
First, the employee has a right to privacy, which extends to information about his physical or mental condition. The doctor knows this, and probably would not provide information if asked.
Second, the Americans with Disabilities Act (ADA) prohibits employers from making medical inquiries, unless for a legitimate business reason, and from discriminating on the basis of a disability. This employer might have a legitimate reason for making an inquiry, but then again it might not, and so would violate the ADA. Moreover, what is this employer going to do with the information once it gets it, other then make decision based on that medical condition? That gets it close to discriminating on the basis of a disability.
The real issue, it appears, is the fear that this employee might harm himself or others. The ADA permits an employer to suspend, remove or discharge an employee if the physical or mental condition, with accommodation, nonetheless presents a "direct threat" of harm to himself or others. Proving a direct threat is not easy, though, so the employer should only go down this road with advice of counsel.
By far the better approach, though, is for this employer to focus on the employee's behavior, not his medical condition. If the employee is not coming to work, does not follow directions, does not stay on task, disrupts others, and so on, he is violating basic work rules. The employer can counsel him, write him up, warn him that he will get fired, and/or fire him, if he does not follow the work rules. So, ignore the underlying cause of the conduct, as best you can, and focus on the conduct.
posted by Neil Klingshirn | Mar 29, 2013 09:09 AM [EST]
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