Disclosing medical information

Human Rights Tribunal scrutinizes medical note in allegation of discrimination on the basis of disability

August 28, 2012 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Human Resources, Human Rights

Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…

budgetary reasons, Disability, Disclosing medical information, discrimination, discrimination on the basis of disability, duty to accommodate, employee discipline, employment law, human rights code, Human rights complaint, human rights tribunal, medical notes, poor performance, Shearer v. The Royal Canadian Legion, stress, termination

Employer and insurer both breached privacy of employee

June 29, 2011 Christina Catenacci Human Resources, Privacy and Security

The Office of the Information and Privacy Commissioner of Alberta has determined that an employer violated the Personal Information Protection Act and the Freedom of Information and Protection of Privacy Act when it disclosed more information than necessary to determine the employee’s eligibility for disability benefits, and that the group insurance provider used the information without consent.

Alberta, Breach of privacy, collecting medical information, consent, Disability benefits, Disclosing medical information, eligibility for disability benefits, employment law, Freedom of Information and Protection of Privacy Act, group insurance, Office of the Information and Privacy Commissioner, oipc, personal information, Personal Information Protection Act, using medical information, workers’ compensation, workplace injury

Employers discussing employee medical condition with other employees

November 3, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights, Privacy and Security

In general, an employer, manager, supervisor or HR professional discussing an employee’s medical condition with other employees is just plain inappropriate…

accommodation, canadian employment law, confidentiality, Disability, Disclosing medical information, disclosure, discrimination, discussing an employee’s medical condition, duty to accommodate, employee medical condition, employment law, harassment