The confidentiality of medical records is a cornerstone of the Americans with Disabilities Act (ADA), and employers must take diligent steps to maintain this confidentiality. Under the ADA, medical records must be stored separately from personnel files to ensure they remain confidential and secure.
In a notable case, an employer in New Mexico faced an ADA violation after commingling an employee’s medical records with their personnel file. This oversight was uncovered when the employee filed a lawsuit for discrimination under the ADA. Ultimately, the employer had to pay $64,500 to settle the issue. This incident underscores the importance of compliance and the potential financial and reputational risks associated with failing to adhere to ADA regulations.
Employers are required by the ADA to store any medical information, including records related to accommodations, in a separate, confidential file. These records must not be shared with supervisors or other employees, except in limited circumstances where they are relevant to job performance or accommodations.
Failing to maintain proper separation and confidentiality can lead to:
For more information and ADA compliance, visit U.S. Equal Employment Opportunity Commission (EEOC) website.
What Employers Must Do to Stay CompliantTo avoid potential violations and ensure compliance with the ADA, employers should follow these best practices:
1. Keep Medical Records Separate
Ensure that all medical records are kept in a confidential, separate file that is not accessible to unauthorized personnel. Learn more about proper recordkeeping practices from the ADA National Network.
2. Review Your Filing Practices
Conduct regular audits of personnel and medical records to ensure compliance with ADA requirements. Utilizing an HR compliance checklist can help identify potential gaps. The Society for Human Resource Management (SHRM) provides useful resources on HR compliance.
3. Educate HR Personnel
HR professionals should be trained on maintaining confidentiality and handling medical records in compliance with ADA.
Ensuring compliance with ADA medical record confidentiality requirements is essential for all employers. By taking proactive steps such as maintaining separate files, conducting audits, and educating HR personnel, organizations can avoid costly mistakes and foster a culture of compliance and respect for employee privacy.
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