Annual health status required by employer

just1more

New member
Jenna, one other point. While I'm not normally one to recommend it; if you feel they are trying to stop you from teaching get your union representative involved ASAP. There is no reason you can't teach but it is always better to be proactive.
 

jpetersen

New member
This is totally illegal outside your employer's need to have a doctor's note if you have been unable to perform your duties and are now returning to work. They do not have the right to any of this information and can get their butts sued into oblivion for this sort of thing. I'm no lawyer, but HIPPA and the ADA are very powerful laws that protect people from this sort of personal intrusion.

If your doctor put that much information on the form, he could also be held liable if you were to lose your job, I'm sure. The whole thing stinks to high heaven.
 

jpetersen

New member
This is totally illegal outside your employer's need to have a doctor's note if you have been unable to perform your duties and are now returning to work. They do not have the right to any of this information and can get their butts sued into oblivion for this sort of thing. I'm no lawyer, but HIPPA and the ADA are very powerful laws that protect people from this sort of personal intrusion.

If your doctor put that much information on the form, he could also be held liable if you were to lose your job, I'm sure. The whole thing stinks to high heaven.
 

jpetersen

New member
This is totally illegal outside your employer's need to have a doctor's note if you have been unable to perform your duties and are now returning to work. They do not have the right to any of this information and can get their butts sued into oblivion for this sort of thing. I'm no lawyer, but HIPPA and the ADA are very powerful laws that protect people from this sort of personal intrusion.
<br />
<br />If your doctor put that much information on the form, he could also be held liable if you were to lose your job, I'm sure. The whole thing stinks to high heaven.
 

Giggles

New member
This just can not be legal. Gotta be against HIPPA and American Disability Act!! I would not send such a letter, it is none of their business. I would get a lawyer involved! Employers are not allowed to ask about your health.

Jennifer 38 with CF and CFRD
 

Giggles

New member
This just can not be legal. Gotta be against HIPPA and American Disability Act!! I would not send such a letter, it is none of their business. I would get a lawyer involved! Employers are not allowed to ask about your health.

Jennifer 38 with CF and CFRD
 

Giggles

New member
This just can not be legal. Gotta be against HIPPA and American Disability Act!! I would not send such a letter, it is none of their business. I would get a lawyer involved! Employers are not allowed to ask about your health.
<br />
<br />Jennifer 38 with CF and CFRD
 

peter

New member
Always pot holes. HIPAA would not cover anything you revealed about your health to the general public. However "general" would need defining if action against your employment were to occur. Confidentiality would have a point of discussion. SSDI would likely come up if a legal conversation took place. ADA is different. You may only be released if you are unable to do your job with reasonable accommodation being made for you (i.e. keep cf students in other classes). As for hospitalizations, likely no school grounds there (it is reasonable to have subs). Is there board of education liability from you suing them if a student gives you "something" (provable)? Noone would have a case against incidental H1N1.

I do not think you should start a conversation in this. The comment of you giving a student "something" (as your physician seems to say) is untenable as soon as there are 2 cf students unless home tutoring comes up. Let the administration start the conversation. I suspect board legal counsel will say "be quiet" to them unless you bring it up. Be positive about your teaching value only. If you are asked, I'm not sure there is legal grounds for them to know unless they have a board counsel directive; in which case you may say you have no need to reveal your health concerns (lawyers learned about this in the context of AIDS discrimination). That is where the ADA came from initially but then became all inclusive (such as wheel chair bound conditions). Discrimination in any form is expensive in any school so I think if "it" comes up, then get a lawyer or ACLU. Or maybe the CFF, Esiason foundation, etc have a legal solution.

There is always the presumption of "administration recrimination thinking" but that's going negative to your concern. I suspect the administration is covering it's base (if in fact it is legal to treat you differently from the rest of the faculty with regards to annual vs tri-annual physical reports/health updates ). You are obviously a positive element on the faculty and just remember the glow you bring to the classroom and faculty room. You do not need to stay awake thinking of rebuttal when there probably won't even be a mention of this.

Good luck, don't volunteer what hasn't happened. If you go back about 40 years, the Readers' Digest had a story about "Do you want to borrow a jack?".<a target=_blank class=ftalternatingbarlinklarge href="http://home.earthlink.net/~twc8453381554/cathphil/id196.html">Story</a> This is sort of like it.

Peter
 

peter

New member
Always pot holes. HIPAA would not cover anything you revealed about your health to the general public. However "general" would need defining if action against your employment were to occur. Confidentiality would have a point of discussion. SSDI would likely come up if a legal conversation took place. ADA is different. You may only be released if you are unable to do your job with reasonable accommodation being made for you (i.e. keep cf students in other classes). As for hospitalizations, likely no school grounds there (it is reasonable to have subs). Is there board of education liability from you suing them if a student gives you "something" (provable)? Noone would have a case against incidental H1N1.

I do not think you should start a conversation in this. The comment of you giving a student "something" (as your physician seems to say) is untenable as soon as there are 2 cf students unless home tutoring comes up. Let the administration start the conversation. I suspect board legal counsel will say "be quiet" to them unless you bring it up. Be positive about your teaching value only. If you are asked, I'm not sure there is legal grounds for them to know unless they have a board counsel directive; in which case you may say you have no need to reveal your health concerns (lawyers learned about this in the context of AIDS discrimination). That is where the ADA came from initially but then became all inclusive (such as wheel chair bound conditions). Discrimination in any form is expensive in any school so I think if "it" comes up, then get a lawyer or ACLU. Or maybe the CFF, Esiason foundation, etc have a legal solution.

There is always the presumption of "administration recrimination thinking" but that's going negative to your concern. I suspect the administration is covering it's base (if in fact it is legal to treat you differently from the rest of the faculty with regards to annual vs tri-annual physical reports/health updates ). You are obviously a positive element on the faculty and just remember the glow you bring to the classroom and faculty room. You do not need to stay awake thinking of rebuttal when there probably won't even be a mention of this.

Good luck, don't volunteer what hasn't happened. If you go back about 40 years, the Readers' Digest had a story about "Do you want to borrow a jack?".<a target=_blank class=ftalternatingbarlinklarge href="http://home.earthlink.net/~twc8453381554/cathphil/id196.html">Story</a> This is sort of like it.

Peter
 

peter

New member
Always pot holes. HIPAA would not cover anything you revealed about your health to the general public. However "general" would need defining if action against your employment were to occur. Confidentiality would have a point of discussion. SSDI would likely come up if a legal conversation took place. ADA is different. You may only be released if you are unable to do your job with reasonable accommodation being made for you (i.e. keep cf students in other classes). As for hospitalizations, likely no school grounds there (it is reasonable to have subs). Is there board of education liability from you suing them if a student gives you "something" (provable)? Noone would have a case against incidental H1N1.
<br />
<br />I do not think you should start a conversation in this. The comment of you giving a student "something" (as your physician seems to say) is untenable as soon as there are 2 cf students unless home tutoring comes up. Let the administration start the conversation. I suspect board legal counsel will say "be quiet" to them unless you bring it up. Be positive about your teaching value only. If you are asked, I'm not sure there is legal grounds for them to know unless they have a board counsel directive; in which case you may say you have no need to reveal your health concerns (lawyers learned about this in the context of AIDS discrimination). That is where the ADA came from initially but then became all inclusive (such as wheel chair bound conditions). Discrimination in any form is expensive in any school so I think if "it" comes up, then get a lawyer or ACLU. Or maybe the CFF, Esiason foundation, etc have a legal solution.
<br />
<br />There is always the presumption of "administration recrimination thinking" but that's going negative to your concern. I suspect the administration is covering it's base (if in fact it is legal to treat you differently from the rest of the faculty with regards to annual vs tri-annual physical reports/health updates ). You are obviously a positive element on the faculty and just remember the glow you bring to the classroom and faculty room. You do not need to stay awake thinking of rebuttal when there probably won't even be a mention of this.
<br />
<br />Good luck, don't volunteer what hasn't happened. If you go back about 40 years, the Readers' Digest had a story about "Do you want to borrow a jack?".<a target=_blank class=ftalternatingbarlinklarge href="http://home.earthlink.net/~twc8453381554/cathphil/id196.html">Story</a> This is sort of like it.
<br />
<br />Peter
 

Jeana

New member
Thanks for all the thoughts and outrage on my behalf. I feel positive that everything will be fine. My doctor added a couple of lines to the letter. One about there being no other known CFers in the district (which I think was pretty powerful) and the other that two CF students should also not be in the same class. All in all, I think everything will be okay.
 

Jeana

New member
Thanks for all the thoughts and outrage on my behalf. I feel positive that everything will be fine. My doctor added a couple of lines to the letter. One about there being no other known CFers in the district (which I think was pretty powerful) and the other that two CF students should also not be in the same class. All in all, I think everything will be okay.
 

Jeana

New member
Thanks for all the thoughts and outrage on my behalf. I feel positive that everything will be fine. My doctor added a couple of lines to the letter. One about there being no other known CFers in the district (which I think was pretty powerful) and the other that two CF students should also not be in the same class. All in all, I think everything will be okay.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 

jpetersen

New member
His adding those lines is one of the very issues. He never should have written anything about your CF the first time around, especially outside the box. That is outside the bounds of an employer's rights to access to medical records. It was a side note that should never have been there. The box about communicable diseases was there for good reason and your doctor intruded on your patient rights by adding that you have an infection that gave the district cause to be alarmed. A good lawyer would have a field day on both of their butts and you'd never have to work again because this could very well affect your ability to continue making a livelihood with the same career expectations as before this debacle.
 
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