Is this a EEOC or ADA violation?

My husband has worked for a smaller company (50 or so employees). They are looking for a new health insurance policy and have asked each employee to fill out a medical health history and gave to the manager. Is this a violation? I don't think that his boss should have the knowledge of prior medical history. Please be specific of what this violates.

Thanks!

The State is Michigan.

No, unfortunately not a violation.... those laws have a need to know disclosure and a frontline supervisor, responsible for assigning work activities has a need to know. So, that's how they get out of violating, HIPPA, ADA and EEOC ??

This action is a violation of neither the ADA nor EEOC. It is however, very iffy regarding HIPPA.

In your place I would inform the company that the information is privileged and will only be given to the insurance carrier should they request it.

And without knowing the state where this is happening, that's all I can say about the issue.

EDITED BASED ON ADDITIONAL INFORMATION:

FROM my reading of the MPWDCRA it seems your husband may have a case for filing a complaint with his employer and have the matter settled through the insurance carrier or local counsel.

The Americans with Disabilities Act (鈥淎DA鈥? and the Michigan Persons with Disabilities Civil Rights Act (鈥淢PWDCRA鈥? protect disabled persons from discrimination on account of disability. The ADA applies to employers with 15 or more employees; the MPWDCRA applies to employers with one or more employees. To prevent such discrimination, these laws restrict employers from making certain kinds of inquiries into employees鈥?and applicants鈥?medical
conditions, whether or not they in fact have a disability. The restrictions differ depending on whether the individual in question is a job applicant, has been offered a job, or is a current employee. Employers are frequently unaware that seemingly benign questions they ask applicants or employees may violate the ADA and the MPWDCRA. Because these statutes are generally interpreted similarly by courts, this article will outline the basic ADA principles
concerning medical inquiries at the various stages of the employment process.

Generally speaking, the ADA permits employers to make disability-related inquiries and require medical examinations of current employees only when such inquiries or examinations are job related and consistent with business necessity. The EEOC has taken the position that 鈥渁
disability-related inquiry or medical examination of an employee may be 鈥榡ob-related and consistent with business necessity鈥?when an employer 鈥榟as a reasonable belief, based on objective evidence, that:

(1) an employee鈥檚 ability to perform essential job functions will be impaired by a medical condition; or
(2) an employee will pose a direct threat due to a medical condition.鈥欌€?br>
The 鈥渙bjective information鈥?upon which an employer can base a medical inquiry or require a medical examination may come from, among other sources, observed performance problems, credible information received from a third party about the employee鈥檚 medical condition, or observed symptoms. If the employee asks for a reasonable accommodation, the employer is permitted to request reasonable documentation about the employee鈥檚 disability and its functional limitations that require the accommodation.

No, it is neither an EEOC or ADA violation because they asked all employees to fill it out (probably in order to get bids from various health insurance companies), and did not treat persons of protected classes differently. Nor did anyone suffer a tangible employment action.

Nor does it violate HIPAA (which is probably closer to your question) because the employer is not a health care provider.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Any potential health insurer is going to require that a census of employees be taken prior to quoting insurance coverage. This is quite normal, and is a requirement of the insurance company that cannot be avoided. This information is needed for risk selection, rating, and pricing of the policy to your husband's employer.

The company is required to keep the individual information confidential and only disclose that which is required to complete the census. You will, of course, have to provide full history when completing the application forms for coverage.

No violation here. If you don't want to disclose something, just list your health as "average." You can wait until filling out the actual application later.

Good luck and good health wished upon you all.

No discrimination here, as all employees are asked to complete the survey. So no EEOC or ADA violation.

Pretty standard stuff for companies to compile this info in order to find best rates for health insurance. Probably a better practice to make the survey anonymous so that employees feel more comfortable answering the questions.

I'm left wondering, though, why would you want to object to this? Most small companies can't afford to offer health insurance to their employees at all and are not required by law to do so. Your husband is working for the rare company that is looking for low cost ways to provide medical benefits to your family. If you were to go out and buy that insurance yourself, the prior medical history of everyone covered by the insurance would have to be disclosed to the insurance company. Is this really something you want to fight?