Legal Question in Employment Law in New York

Re: Release of Medical Information

The State cannot request your medical information without a HIPAA compliant authorization, which is precisely why they have asked you for it. As to the propriety of their requesting it - i.e., why is it relevant - you may ask them. As long as there is a rational basis for requesting the records related to health, safety and the ability to perform the job, I would say it is reasonable. While the State cannot discriminate and deny you employment because of a medical condition, they could deny your employment application if there was something that would create a safety or health issue. For example - if the job has physical demands and requires you to be in good physical shape, medical information suggesting you should not work in an environment where you exert yourself or have to do heavy lifting might be a good reason for denying your application. Similarly, if there is a health risk to others, they might have a good basis for denying your application. If you would be required to give mouth to mouth resuscitation as part of your job and training, and you were HIV positive, I could see an argument related to health and safety. These are just some hypothetical situations. If there is something in your medical files that you are concerned about, I would suggest you speak with an attorney well-versed in employment and discriminaion law, or perhaps contact the NYS Division of Human Rights to get some information.