Can my boss openly ask me if I’m on medication?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my boss openly ask me if I’m on medication?

My boss singled me out in a meeting in front of other people and asked me if I was on medication. I was sitting there quietly taking notes. What are my rights?

Asked on February 20, 2017 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have a *disability*--a medical condition which is long-lasting or permanent, and which causes significant impairment of life activities--and were not acting in a way which caused problems, then the comment was likely (or at least reasonably likely) to be illegal disability-based harassment. A single incident of such harassment is not, as a practical matter, going to result in much, if any compensation, if you also did not suffer some adverse job impact (e.g. fired, suspended, denied a pending promotion, etc.), but if it is part of a pattern, you may have a viable discrimination case and should contact the federal EEOC.
If you don't have a disabilty and this simply an odd, insulting comment, it is legal: if you're not being discriminated against due to a protected condition or category (like having a disability), your employer may legally harass, insult, belittle, etc. you. Only harassment aimed at you because of a category or condition specifically protected under law is illegal.
Or if you have a disability but were acting a work in a way causing problems (e.g. falling asleep; cognition impaired; emotionally volitile) which was unusual for you, then this would be  a legitimate question--employers can inquire about potential issues affecting you at work--and there would be no liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption