Can My Employer See My Mental Health Records?

Navigating the workplace often involves balancing personal and professional boundaries, especially when it comes to sensitive issues like mental health. A question that commonly arises is whether or not an employer has the right to access an employee’s mental health records.

In most cases, the answer is no: your mental health records are considered private information and your employer has no right to access them. However, there are some cases where some records may need to be provided.

Why Would an Employer Need to See Mental Health Records?

While the need for an employer to access an employee’s mental health records is rare, there are a few specific scenarios where it might be necessary. These include:

• Providing Reasonable Accommodations: If you request accommodations under the Americans with Disabilities Act (ADA) due to a mental health condition, your employer might ask for medical documentation to substantiate your need for the accommodation.
• Emergency Medical Treatment: In a medical emergency involving an employee, access to certain medical records could be crucial for timely and effective treatment.
• Insurance or Worker’s Compensation Claims: If you file an insurance or worker’s compensation claim, relevant medical documentation could be needed to process it.

The medical records under consideration could range from doctor’s notes, disability benefits claim forms, and medical exam results to documents relating to worker’s compensation claims and participation in employee assistance programs. It’s important to note that in each of these scenarios, disclosure is typically restricted to authorized personnel such as healthcare providers, as well as specific managers and supervisors within your organization.

Mental Health Records Are Protected Under the Law

In the United States, several laws protect the privacy of your medical records, including your mental health records. The Health Insurance Portability and Accountability Act (HIPAA) prohibits healthcare providers from disclosing your medical records without your explicit consent. This means your employer cannot directly contact your therapist or psychiatrist to obtain your records. Even when an employer requests your records for a legitimate reason—such as to confirm a need for accommodation under the ADA—you have the right to review and consent to the specific information being disclosed.

The ADA also protects employees from discrimination based on a disability, which includes many mental health conditions. If an employer does obtain your mental health records legitimately, the ADA imposes strict limits on how this information can be used and who within the organization can see it. Generally, only those who need to know the information to provide accommodation will have access to these records.

What to Do If You Suspect Discrimination Based on Mental Illness

If you suspect that you have been subjected to discrimination based on your mental health, the first step is to document instances of unfair treatment. Keep records of conversations, emails, or decisions that you believe demonstrate discriminatory behavior.

Then, consult with an attorney experienced in workplace discrimination cases to discuss your next steps. These may involve filing a complaint with your organization’s human resources department or taking your case to the Equal Employment Opportunity Commission (EEOC), the agency tasked with enforcing federal anti-discrimination laws.

A Denver workers’ compensation attorney can help you understand your legal options and guide your next steps. Contact a lawyer as soon as possible to initiate your case.