Posted by blah on 5/04/06

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Can employer and a "qualified medical professional" in
response to ADA accommodation request for an "invisible"
yet stigmatizing disability of a non-entry level employee
insist that part of an "accommodation" would be
to "educate" the employee's coworkers about his disability
(meaning in fact to specifically disclose to them the
diagnosis, which will lead to exacerbation of workplace
prejudice, shunning the employee, excluding him from
professional activities, partronizing, condescending
treatment, etc)?

If the disabled employee refuses this particular suggestion
and does not consent to violation of his medical privacy,
can the employer claim that the employee "refused an
accommodation and thus interrupted ADA accommodation
process"?

The employee in question does not pose any threat to self
or others, has no any history of crime, violence or
substance abuse, and does not take any mind-altering
medications. Work performance hasn't ever been a problem.

This took place in California. It is a state employer and a
recipient of federal funds. ADA, FEHA, HIPAA and possibly
FERPA apply.

The additional problem is that this idea has been
sanctified by an overzealous medical provider who does not
care about the effect such "education" will inevitably have
for the patient's dignity, future interactions with
coworkers and workplace atmosphere. "It is always good to
educate and to raise awareness". They refuse to acknowledge
that what they insist on calling "education" is in fact
violation of medical privacy, and will do much more harm
than good (if any).

Invasion of privacy as an "ADA accommodation"??, 5/04/06, by blah.

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