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Old Jan 29, 2016, 02:20 PM
guilloche guilloche is offline
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Member Since: Jun 2014
Location: US
Posts: 2,734
I was also under the impression that employers could not ask for medical records. Not just b/c of HIPAA laws, but because an employer cannot discriminate against someone based on a medical condition when hiring. For example, if your employer wanted to offer you the job, but then decided not to b/c they found out that you had a history of depression, that would (I thought?) be illegal under the Americans with Disabilities Act?

Here's a link that talks about what employers can look at during background checks:
Background Check Laws: Can Employers Ask for an Applicant's Medical Records? - FindLaw

For medical information, it says, "Medical Records: When relevant to the job, employers may require a physical examination. Otherwise, medical records are confidential."

I'm confused about what's going for you with this employer. Have you interviewed yet, or is this all happening before an interview? Not to jump into crazy-land, but you might want to check with an attorney, because it *seems* to be outside what is allowed by the law (though I'm not an attorney and have no legal training!).

My other thought is, you might want to check a forum that deals with healthcare jobs specifically, to see if others have had this experience in your field? Just a thought.

Oh, and as for your original question... my inclination would be to say that the MDD shouldn't matter, b/c employers aren't allowed to discriminate in their hiring based on medical information. BUT... I don't know, that's sort of the ideal world where people follow the rules. And, in that world, it wouldn't be an issue, because they wouldn't be asking for your records upfront.

Did they give you any indication of *why* they needed your records?

And, are you sure it's a legitimate job/company? Not something that you found online, that could be a scammer trying to get information to steal your identity?

Good luck!
Thanks for this!
lavendersage