Takeaway: Employers should use caution when requesting an employee's medical records and make certain that the requests are job-related and consistent with business necessity.
An employer's requests for medical records were job-related and consistent with business necessity under the Americans with Disabilities Act (ADA), the 4th U.S. Circuit Court of Appeals decided.
The plaintiff worked for Norfolk Southern Railway Company as a locomotive engineer for 18 years. Locomotive engineers are subject to Federal Railroad Administration regulations regarding drug and alcohol use.
In 2012, the plaintiff tested positive for amphetamines after a train he was operating derailed. He continued working but was subject to follow-up drug testing for five years. In 2016, he tested positive for amphetamines and codeine. He explained he was taking Adderall for attention deficit/hyperactivity disorder (ADHD) and Tylenol No. 3 for a back condition, both by prescription.
Norfolk Southern requested that the plaintiff provide medical records relating to his medication usage within 30 days. The letter requested that his physicians address his diagnoses, the possible side effects of his medication, his ability to safely perform essential job functions, and any recommended work restrictions or accommodations.
Later that year, the plaintiff ruptured his Achilles tendon and took medical leave. Norfolk Southern again requested medical information about his injury so that it could determine his fitness...
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