The Eleventh Circuit's decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or disability discrimination claims.
Seyfarth Synopsis: The Eleventh Circuit's decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or disability discrimination claims. The Court affirmed that under the Rehabilitation Act, which is analyzed using the same standard as Title I of the Americans with Disabilities Act, Mullin's discrimination, failure to accommodate, and retaliation claims could not survive summary judgment. The Court found, however, that when an employer conditions access to protected leave on submission of medical documentation, the medical certification constitutes an "inquiry" triggering confidentiality protection of the ADA and the Rehabilitation Act. Despite dismissing the remaining claims, the Court determined an issue of fact existed as to the employee's unlawful disclosure of medical information claim.
In Mullin v. U.S. Department of Veterans Affairs, the Eleventh Circuit addressed a complex set of claims brought by a VA employee alleging disability discrimination, failure to accommodate, unlawful disclosure of medical information, and retaliation (and/or a retaliatory hostile work environment). The case...
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