Confidentiality and reasonable accommodation

UW-Madison is required to keep all medical information about job applicants and employees confidential, regardless of how the information is received.  

This includes, but is not limited to: 

• documentation from health care providers,  

• accommodation request forms,  

• reasonable accommodation decision letters, and related documentation 

• Family & Medical Leave Act (FMLA) certification forms,  

• Worker’s Compensation medical information, and, 

• any other medical related information. 

Medical information related to a disability, pregnancy, medical condition, or accommodation remains confidential, even if it does not include a diagnosis or treatment details or come from a health care professional.  This does not include routine sick leave documentation.  

The fact that an employee has requested or is receiving reasonable accommodation is also confidential and must not be shared. 

Access to Confidential Medical Information is Strictly Limited   

Each school, college, division, and administrative unit has a Divisional Disability Representative (DDR) responsible for maintaining confidential medical records separate from personnel files. Only the DDR and Employee Disability Resources staff can access this information.  

Supervisors may receive only the information necessary to understand work-related limitations and to implement an accommodation – they may not share this information with others. In rare cases, additional details may be shared with an employee’s consent, such as when a safety plan is needed.  

If You Receive Medical Documentation  

Employees and job applicants should be directed to bring all confidential medical information directly to the DDR.  If supervisor's receive medical documentation, they should deliver it to the DDR in a sealed, confidential envelope. If an employee verbally shares medical information with a supervisor, they should guide them to contact the DDR and and the supervisor should notify the DDR about the situation 

Frequently Asked Questions 

Q. Why can’t a supervisor ask an employee if they have a disability? 

A. Under the ADA, employers cannot make medical or disability-related inquiries unless there is a legitimate business need. Supervisors may not ask if an employee has a disability, what their medical condition is or if they are pregnant.    

If there are concerns about safety, essential job functions, or potential accommodation needs, contact your DDR. The DDR will determine whether making an inquiry is appropriate.  

Q. Why can’t a supervisor receive or hear confidential medical information? 

A.  At UW–Madison, supervisors receive information strictly on a need-to-know basis. The DDR determines what can be shared. 

Keeping medical information separate: 

• Ensures employment decisions are based on ability to perform essential job duties, not medical conditions. 

• Protects employees from discrimination or unconscious bias. 

• Protects supervisors by reducing risk of claims that employment decisions were based on disability. 

Supervisors may receive only the information necessary to identify or implement an accommodation (e.g., a work restriction), and only when approved by the DDR. 

Q. What if a supervisor's supervisor wants to know about the employee’s accommodation?  

A. Accommodation information can only be shared on a need‑to‑know basis. Higher‑level supervisors do not automatically have a right to medical or accommodation information. 

At UW-Madison, DDRs, in partnership with the EDR office, determine what information needs to be shared (if any) to identify or implement a reasonable accommodation.  

It may be appropriate to share limited information if: 

• The higher level supervisor needs the information to implement or support an approved accommodation. 

• The higher level supervisor is responsible for decisions directly related to the accommodation (e.g., staffing, work schedules). 

• The Divisional Disability Representative (DDR) determines the individual has a legitimate need to know. 

Q. Do the same confidentiality rules apply if someone missed work for routine sick leave and give the supervisor a work note? 

A. If the note simply verifies use of routine sick leave (e.g., “seen in clinic,” “may return to work”), there is no need to share it with your DDR. 

If the note includes any medical diagnosis, limitations, restrictions, or references to a disability or pregnancy-related condition, the supervisor must give it to the DDR to handle confidentially. 

Q. What if an employee is discussing their disability or medical information with coworkers? 

A. Employees may choose to share their own medical information. However, a supervisor may: 

• Remind them that keeping such information private may be in their best interest. 

• Ask them to stop the conversation if it becomes disruptive or distracting—just as you would with any disruptive behavior. 

The supervisor must still keep all medical information confidential, even if an employee shares it openly. 

The KB: “Responding to reasonable accommodation situations: A guide for supervisors” has additional guidance on this topic.  

Q. If a supervisor knows an employee has a disability and an accommodation and coworkers ask questions, what should they say? 

A. The supervisor must keep all medical and accommodation information confidential—even if coworkers already know or suspect something. 

They may say: 

• “I can’t discuss private personnel matters, but I’m aware of the situation and managing it.” 

The supervisor may acknowledge coworker concerns but should not confirm or deny accommodations or conditions.

They can also remind employees not to discuss another employee’s medical information. 

 The KB: “Responding to reasonable accommodation situations: A guide for supervisors” has additional guidance on this topic.  

Q. What exceptions are in the ADA related to sharing confidential medical information? 

A. The Americans with Disabilities Act (ADA) allows some specific exceptions to confidentiality:  

1. When the DDR determines there is a need for a supervisor to know: Supervisors/managers may be informed of necessary work-related limitations or accommodations.  

2. First aid and safety personnel may be told if an employee might need emergency treatment.  

3. Government officials may request relevant information when investigating ADA compliance. 

4. Workers’ Compensation and Insurance: Relevant information may be disclosed for state workers’ compensation offices or for processing insurance claims.