Can an employer require an employee to provide the specific medical condition that required them to take sick leave? Dillard's department stores required its employees to submit a doctor's note not just that they were being treated but their specific medical condition. Employees that refused were fired. Employees that complied were forced to disclose confidential medical information regarding mental illnesses, cancer and gynecological information just to receive their sick leave.
Source: Associated Press
Employers are allowed to ask employees the specifics about their medical treatment provided the information has a business necessity and is relevant to the everyday ongoing business. But this obviously cannot be true about everything, so requiring employees to disclose specific and private medical information as an everyday routine violates the Americans With Disabilities Act (ADA), which is the basis for this lawsuit.
Present or former Dillards' employees who believe they are eligible for the settlement can go to www.dillardeeocsettlement.com or call 213-894-1032 for information on how to complete a claim form.