by brogrammer2018 on 2/11/22, 9:53 AM with 91 comments
I have till Monday (less than a week) to sign the document.
I am located in Australia.
Should I sign the document so my employer has access to all my medical records and all the psychiatrist's notes on me?
TL;DR ADHD Software Developer. Employer demands access to all information in my medical records.
Letter I am forced to sign to keep my job is below:
Link: https://imgur.com/a/Qpvw9M6
by hericium on 2/11/22, 10:27 AM
To answer the question: I wouldn't ever do it. I have ADHD, there is nothing embarrassing in my med records but I would not trust any unrelated company (employer, client) to handle and erase this data safely. It's private and absolutely not intended for them.
If I may ask, what happened prior to the request of your employer? Did they found otherwise illicit drugs on you and require this documentation as a proof that you are allowed to possess it?
by plasma on 2/11/22, 9:58 AM
You should consider seeking employment legal advice so you can have expert help navigate this with you.
You should call someone from https://www.fwc.gov.au/resources/where-get-legal-help from the “Legal help from other organisations” section.
I’m based in Australia too.
by throwaway_au_1 on 2/11/22, 12:17 PM
I assumed it would be something like: medical professional is briefed on my typical duties; medical professional assesses my abilities to perform these duties; medical professional then makes a recommendation to the employer. However on arriving and being presented the T&Cs and pre-check questionnaires, it became clear that the exercise was actually one of me declaring any and all medical information I could, with the T&Cs requiring that I consent to all of this information being provided to the employer.
I phoned my contact at the employer and said that this was ridiculous, and that none of the information I was asked to provide was relevant to the role: "it's just company policy for all employees", "we have a solid privacy policy".
They said that they had another health provider who was more 'lax' about what they asked. I contacted the provider and got a hold of their equivalent T&Cs and questionnaire, and it was way worse. Example questions: "Are you happy with your current weight?", "Has your weight changed in the past 5 years?", "In terms of noise, have you ever been exposed to (chainsawing|scuba diving|panel beating)?", "Are you pregnant or do you think you could be?". There were also questions about health conditions of family etc.
Ultimately I told them I wasn't interested in the organisation whilever they required me to unnecessarily disclose personal medical information. That said, I recognise I am very fortunate to be in a financial position to 'die on that hill', but I wish enough of us felt able to stand up to this bullshit so that none of us would have to.
by toyg on 2/11/22, 10:27 AM
As a personal rule, if there is one thing I will never, ever share with my employer, no matter how much support they say they'll give me, is my mental-health data. The potential for abuse is just way, way too high.
by progman32 on 2/11/22, 10:43 AM
Document everything, try to keep the situation at work coasting along while you speak to a competent lawyer. I'm not Australian or anyone's lawyer, but my impression is that any sudden moves here can make the case against your employer much harder if you give them a reason to fire you. Next couple months are likely gonna be rough. Watch out for gaslighting attempts.
Be safe out there.
Addendum: I should clarify what I meant by "coasting along". I've heard that if you stop working come Monday that can also make the case harder for you if they fire you, since they can just say you "stopped showing up". Again, not legal advice, just advice I've heard, see what your lawyer thinks...
by chefkoch on 2/11/22, 6:41 PM
https://lawpath.com.au/blog/what-information-can-an-employer...
/edit: what's the back story about this, your boss won't come to all of his subordinates, lock their accounts and demand their medical records?
by bbarn on 2/11/22, 10:35 AM
BUT - I feel like we're missing some context here. Is your reason for refusal based solely on privacy concerns, or that you don't want them to know you see a psychiatrist? Have you been underperforming and used your ADHD as justification/excuse as to why and they want some proof of that?
You're mentioning the ADHD, so it must be relevant in some way, otherwise the post would simply be "My company wants my medical records, should I allow it?"
by gpas on 2/11/22, 10:31 AM
I don't know about Australian law but in jurisdictions I'm familiar with what you are describing is definitely illegal.
by throwaway81523 on 2/11/22, 10:23 AM
by rjzzleep on 2/11/22, 10:21 AM
by chucklenorris on 2/11/22, 10:49 AM
by idontwantthis on 2/11/22, 10:29 AM
Keep all documentation, hire a lawyer, and do exactly what they say.
by theshrike79 on 2/11/22, 12:04 PM
I'm not an expert in Australian law, but in every single country it's expressly forbidden to ask about people's health history as it's covered by multiple laws.
by orangesite on 2/11/22, 10:02 AM
by _tk_ on 2/11/22, 10:24 AM
by sarusso on 2/11/22, 10:01 AM
by davidbanham on 2/12/22, 12:12 AM
https://www.fairwork.gov.au/workplace-problems/fixing-a-work...
by dekhn on 2/11/22, 3:13 PM
by p4cmanus3r on 2/11/22, 3:34 PM
by soco on 2/11/22, 11:15 AM
by blitzar on 2/11/22, 10:41 AM
[0] https://www.racgp.org.au/afp/2017/august/employment-law-a-gu... (not the best source but probably a more useful one than the actual legislation)
My personal assumptions - It sounds like you have some or all of the following happening; a) a poor relationship with your boss, b) you have been back and forth refusing to sign this, c) had a bunch of time off sick, d) are on the path to being dismissed and they are lining up their various options, e) company has a covid vaccine idea to have everyone sign this and it has nothing to do with your mental health.
Some combination of the above suggest you are on your way out of the organisation - brush up the cv, cleanup your work and get an employment lawyer for the pending dismisal. You have been there 10 years, its amazing how personal and owrk merges over time. I didnt even have a copy of my employment contract when they shut the workplace email, phone, etc off. Let alone internal information that will be relevant to your dismisal. Disclaimer: dont steal stuff or IP etc.
If they are locking the doors, you may have missed the bus to negotiate a reasonable settlement whereby your practicioner(s) can certify you have no medical issues that would affect your role without the full release of medical records. If my assumptions are all wrong then that would be the most reasonable course of action.
by bradgranath on 2/13/22, 7:12 AM
by irvingprime on 2/11/22, 10:33 PM
by d--b on 2/11/22, 3:02 PM
This is ridiculous
by neximo64 on 2/11/22, 10:46 AM
by Fire-Dragon-DoL on 2/12/22, 5:55 AM
Otherwise, the idea of getting a lawyer seems like a great way to get free money in this circumstance
by Bancakes on 2/11/22, 10:18 AM
by aborsy on 2/11/22, 8:51 PM
by sys_64738 on 2/11/22, 6:10 PM
by hardlianotion on 2/11/22, 10:28 AM
by gostsamo on 2/11/22, 10:05 AM
by the-alt-one on 2/11/22, 10:19 AM
- Hacker News
by verve_rat on 2/11/22, 10:32 AM
by mrslave on 2/14/22, 3:25 AM
by reph2097 on 2/11/22, 6:47 PM
by sys_64738 on 2/11/22, 6:04 PM
by iqanq on 2/11/22, 10:19 AM
if $title =~ m/^ask hn.*\b(employer|boss|hr)\b/i reply("Talk to a lawyer.")