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.

Reproduced with permission of the publisher from Canadian Privacy Law Review, Vol. 7, No. 12, November 2010.

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