It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. But you don’t have to worry about being arrested at all.
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.
your not being arrested for not giving your PHI. You’re not required to do so.
I don’t really understand what kind of distinction you are trying to draw. If the question is, can an employer require you to provide medical information as a condition of employment, in so far as it pertains to fitness to do the job, the answer is yes. You do not have a right to ignore this requirement of your employer. If you did they couldn’t fire you for non-compliance.
Your employer can require you to start at a certain time, wear a specific uniform, or even to refrain from speaking about certain topics while on duty. You would not get arrested for violating any of these but that doesn’t mean they aren’t required of you as an employee right?
I guess I have a different idea of what require means.
In this you’re making a choice between getting a letter from your doctor, or finding another job. Neither looks like a requirement to me. Making the choice is a requirement. But options in that choice are, options.
I guess I have a different idea of what require means.
That’s entirely possible. From what you wrote I think your definition of required is along the line of “that for which there is no possibility or option to avoid.” Is that accurate?
It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. But you don’t have to worry about being arrested at all.
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.
And that suit likely won’t go to court eithor.
But that doesn’t matter, your not being arrested for not giving your PHI. You’re not required to do so.
I don’t really understand what kind of distinction you are trying to draw. If the question is, can an employer require you to provide medical information as a condition of employment, in so far as it pertains to fitness to do the job, the answer is yes. You do not have a right to ignore this requirement of your employer. If you did they couldn’t fire you for non-compliance.
Your employer can require you to start at a certain time, wear a specific uniform, or even to refrain from speaking about certain topics while on duty. You would not get arrested for violating any of these but that doesn’t mean they aren’t required of you as an employee right?
I guess I have a different idea of what require means.
In this you’re making a choice between getting a letter from your doctor, or finding another job. Neither looks like a requirement to me. Making the choice is a requirement. But options in that choice are, options.
That’s entirely possible. From what you wrote I think your definition of required is along the line of “that for which there is no possibility or option to avoid.” Is that accurate?
Yes.
Or I suppose where the other option is death.
I suppose you could say it’s required in order to do something. But you’d need that specific qualifier.