1.0 Introduction
1.1 Requesting medical information from an Employee raises
innumerable legal issues related to privacy, human rights and
workplace safety. Employers are legally responsible for maintaining
a healthy and safe workplace while at the same time managing their
business in accordance with human rights and privacy legislation.
Managing a business involves dealing with Employees who are
disabled and require some form of accommodation. Given the legal
framework, Employers may be understandably apprehensive about
requesting medical information from their Employees.
1.2 The developing body of court and arbitral jurisprudence has
increased Employer obligations in the area of accommodation. As
well, new legislation in some jurisdictions has increased
Employers' potential liability for the unlawful conduct of
their Employees. Thus Employee disclosure of personal medical
information will increasingly be relevant and necessary.
