Employer wants private medical information from routine Dr visit

PAM Transport Ordered to Pay $477,399 In EEOC Disability Case
Trucking Company Subjected a Class of Drivers to Unlawful Medical Inquiries, Federal Agency Charged

DETROIT - PAM Transport, Inc. has been ordered to pay 12 of its former truck drivers a total of $477,399 in a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission, the federal agency announced.

In its lawsuit, the EEOC alleged that PAM violated the Americans with Disabilities Act (ADA) by subjecting its entire workforce of truck drivers to overly broad medical inquiries. The lawsuit arose from PAM's medical clearance policy, which required all drivers to notify the company whenever the driver had any contact with a medical professional, including a routine physical.

Such alleged conduct violates the ADA which prohibits employers from making medical inquiries of employees unless the inquiries are job-related and consistent with business necessity. The EEOC filed suit in U.S. District Court for the Eastern District of Michigan (Civil Action No. 4:09-13851) after first attempting to reach a pre-litigation settlement through its conciliation process.

In April 2012, the court issued an order mandating the company to change its medical clearance policy to make medical inquiries of drivers only when they are job-related and consistent with business necessity. To help resolve remaining issues, the court appointed a retired judge as third-party decision maker.


That's what the courts say.

 

With all due respect this news bit does not change the point of this thread or the (CORRECT) answers in it. I know about this case. PAM broke the law. It was clear and they were totally wrong. Carriers are entitled to ONLY the long form from the Medical Examiner. However nothing about that changes a carriers right to (for cause) ask a driver to go take another physical.

 

Consult an attorney.

 

To save some time later I am going to shorten that news bit to the part that matters.


In its lawsuit, the EEOC alleged that PAM violated the Americans with Disabilities Act (ADA) by subjecting its entire workforce of truck drivers to overly broad medical inquiries. The lawsuit arose from PAM's medical clearance policy, which required all drivers to notify the company whenever the driver had any contact with a medical professional, including a routine physical.

Such alleged conduct violates the ADA which prohibits employers from making medical inquiries of employees unless the inquiries are job-related and consistent with business necessity. The EEOC filed suit in U.S. District Court for the Eastern District of Michigan (Civil Action No. 4:09-13851) after first attempting to reach a pre-litigation settlement through its conciliation process.

In April 2012, the court issued an order mandating the company to change its medical clearance policy to make medical inquiries of drivers only when they are job-related and consistent with business necessity. To help resolve remaining issues, the court appointed a retired judge as third-party decision maker.


I underlined the main point. Pam did violate the law because they made it a general thing. They wanted all drivers reporting contacts. This is clearly illegal. However further in that decision is the last part recognizing Pam has the right on a case by case basis to ask for this information. Lets make sure we are fully understanding this decision, please!

 

This is actually very good advice. I don't think it will help the OP with his problem. However an attorney can calmly explain the exceptions to these privacy laws as they deal with public safety. And YES there are exceptions.

 

I understand your point Moose. But it did say to only make inquiries when it is job-related. I worked for them you were supposed to call them before you ever even went to the doctor and then after you went to the doctor. They were in very invasive into your private medical issues.

 

One of those people and I have a common friend. I fully understand. I'm in total agreement. A carrier has no business asking drivers about anything medical that has nothing to do with their fitness to drive.

 

Real simple and solves all the problems. It is always how I delt with any company.

Have a personal appointment on X day. It is important that I make this appointment. After the appointment, I will be ready and available for dispatch. I expect that time to be approximately X time.

End of conversation. Should they try and press me about it. Simply state it is personal, not of their concern, please make the needed notes in scheduling. I stick to the scheduled time. Reminders are given on a regular schedule.

 

Legally, if a driver comes to me and asks for a day off I can't ask him why. As a rule they'll volunteer the information but if they don't and if they don't choose to tell me later it's still okay.
I really don't think a company is entitled to know what a driver does on a requested day off.

 

Lets make sure we ground this subject back to the OPs actual question. If you have went to ole Doc Iwasabadboyandgottheclap for a shot of getridoftheclap it is not any of that carriers business. It has nothing to do with fitness to drive. However if you just seen a neurologist and were prescribed levetiracetam for seizures related to Epilepsy, Well now "Houston we have a problem". People have got to STOP using general one size fits all answers here. A carrier through a Medical examiner HAS THE ABSOLUTE RIGHT to know about anything that might effect a drivers fitness to drive. In fact a carrier has a DUTY to do this. A driver can NOT hide behind medical privacy laws. Truck driving is a heavily regulated industry.