HIPPA / ADA / EEOC violation?
Hello, I'm not an expert by any means on the laws regarding disclosure of personal health to an employer but I have come to a bit of a problem with my job application.
I'm starting a job with the county for EMS and have had a history of mental health issues (I am better now and have sought help and dealt with my issues and they no longer have an effect on me or any of the job tasks I will need to perform. I know EMS is a mentally challenging position but I feel I am quite prepared to handle anything I will encounter and my psychiatrist agrees. ). I previously passed interviews and tests for the position and now in the hiring process they have had me gone through medical assessments and the usual. This is where the problem arises:
During the medical assessments I had disclosed that I had a history of mental health disorders out of honesty as it was one of the questions and also wrote that I have dealt with the issues and they provide no issue. They made me fill out a form afterwards going more in depth with the issues such as the medications and a note from my psychiatrist saying I am able to do the job tasks which my psychiatrist filled out and said yes, I am. That already seemed personal but with the job in hand I understood the concern. Then, when I disclosed I had a previous hospitalization a few years back due to mental health they have requested more information and even the discharge summary from the hospital (which goes very in depth why I went there, what I did while there, and etc.). I am fine with submitting the other documents such as me being cleared to do the job tasks and my psychiatrist clearing me aswell but the discharge summary and its contents are a very sensitive subject for me and it contains very personal information.
Here is where I am wondering if I am able to decline submitting this form due to the personal and sensitive nature of it and just submitting the rest. I have read that under the ADA I should be covered from discrimination based on the mental illnesses I have and they shouldnt be able to deny hiring me just because of them but I also am not fully sure. I can see where there may be an issue if they think I could possibly be unable to fulfill the duties of my job but my psychiatrist has already said many times that I am capable in the other forms. So I am just wondering how I can move forward and if there is any way to protect my privacy in this way.
So sorry for the long text and if anyone has read all this please let me know what you think I should do. Thank you.
Posted Mar 24, 2025, 4:38 AM UTC