Introduction

As employers increasingly rely on human resources (HR) technology platforms and digital tools to manage talent, leave requests, performance, and accommodations, they also handle more sensitive employee data than ever before, including medical and disability‑related information. For companies operating in the United States, obligations under the federal Americans with Disabilities Act (ADA) are front and center. Even for businesses that are not traditional healthcare or insurance providers, employer‑side use of HR tech to collect, store, or process medical information must honor strict confidentiality, privacy, and nondiscrimination rules.

For decision‑makers and company leaders, understanding and complying with the ADA’s requirements is not just a legal necessity — it is a critical part of building a trustworthy, inclusive workplace.

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Who the ADA Protects and When It Applies

Under the ADA, a “qualified individual with a disability” is someone who has a physical or mental impairment that substantially limits one or more major life activities — such as walking, seeing, hearing, breathing, learning, or working — or who has a record of such an impairment or is regarded as having one.

The ADA prohibits discrimination in employment against such individuals when they are qualified to perform essential job functions, with or without a “reasonable accommodation.”

This means that employers using HR‑tech tools must ensure that any disability-related data collection, storage, processing, or decision-making does not result in discrimination or breaches of confidentiality — and only occurs when legally allowed under the ADA.

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What Kind of Employer Questions or Medical Exams Are Allowed — And When

The ADA imposes limits on when employers may ask about disability, require medical examinations, or request medical documentation. 

• Before a job offer: Employers cannot ask an applicant if they have a disability or about the nature or severity of a disability.
  

• After a conditional job offer (before start): Employers may require a medical examination or ask disability-related questions — but only if the requirement applies to all applicants for that job category.
  

• After employment begins: Medical inquiries or examinations are only allowed if they are job-related and consistent with business necessity — for instance, if there is a reasonable belief, based on objective evidence, that an employee’s medical condition may affect their ability to perform essential functions or pose a safety risk.

• Requests for accommodation: When an employee requests a reasonable accommodation, employers may ask for documentation sufficient to verify that the individual has a qualifying disability and needs the accommodation. However, employers are generally not entitled to an employee’s full medical history.
  

For HR‑tech tools and platforms, this means data collection and inquiries must be narrowly tailored and strictly limited to what is legally permissible.

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Confidentiality Requirements Under the ADA — What Employers Must Do

Confidentiality obligations around medical and disability‑related information are stringent:

• All medical information — whether obtained from disability-related inquiries, medical examinations, or voluntarily disclosed — must be kept in separate medical files, not in general personnel files.
  
• That information must be treated as a confidential medical record.
  
• Disclosure of medical information is allowed only under very limited circumstances, such as:
  
  • Supervisors or managers, but only to the extent necessary to implement a reasonable accommodation or know about work restrictions.
    
  • First-aid or safety personnel, if necessary for emergency treatment or safety.
    
  • Government officials investigating ADA compliance.
    
  • Where required by state workers’ compensation laws or for insurance purposes under legal exceptions.
    

This means that HR‑tech systems, data storage practices, and internal workflows must be designed to enforce such confidentiality — separate databases or secure medical-record modules, restricted access controls, and careful logging of disclosures.

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Real Enforcement Examples: Lessons for HR Tech & Employers

Several real-world cases illustrate the importance of adhering to ADA rules when handling sensitive employee medical data:

• PATH (Port Authority Trans-Hudson Corporation) — DOJ settlement (Nov. 9, 2021)
  PATH resolved a lawsuit alleging unnecessary medical exams and intrusive questions about disabilities and family medical history. The company paid $100,000 to affected employees, provided ADA/GINA training, and implemented compliance measures.
  

• Reliable Staffing — EEOC settlement (Oct. 8, 2019)
  EEOC found Reliable Staffing used unlawful pre-offer medical inquiries and failed to keep protected medical information in separate, confidential files. The company paid $25,000 and implemented policy changes including ADA training.
  

These examples demonstrate that both overbroad medical inquiries and improper handling of medical information can trigger legal action — highlighting the need for strict HR‑tech compliance measures.

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Practical Compliance Checklist for HR Tech and Employer Decision-Makers

1. Define clear policies and procedures
   
   • Written protocols for collection, storage, access, and sharing of medical/disability data.
     
2. Use data segmentation and secure storage
   
   • HR software must separate medical/health data from general employee data.
     
   • Strict access controls for HR or compliance personnel only.
     
3. Limit data collection to what is necessary
   
   • Collect only information required for accommodation requests or legally permissible medical inquiries.
     
4. Train managers and HR staff
   
   • Ensure staff understand permissible medical inquiries, confidentiality obligations, and limited disclosure rules.
     
5. Document accommodation requests carefully
   
   • Maintain records of requests, interactive processes, decisions, and rationale in secure medical files.
     
6. Implement periodic audits
   
   • Review access, storage, and disclosure practices regularly to maintain compliance.
     
7. Plan for privacy-by-design
   
   • When deploying new HR tech, ensure ADA compliance and confidentiality practices are embedded from the start.
     

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Why Partnering with a U.S. Federal Privacy and Employment-Law Expert Matters

Navigating ADA rules in the digital HR-tech space is complex. The Data Privacy Lawyer PLLC specializes in U.S. federal compliance and can help you:

• Draft or revise HR policies to reflect ADA confidentiality and accommodation obligations
• Configure HR platforms for secure, separate storage of medical data
• Develop access-control frameworks and limited disclosure practices
• Train HR, management, and staff on ADA compliance
• Establish procedures for requesting medical documentation and handling accommodation requests
  

If your company handles employee medical or disability-related data — particularly through HR tech systems, leave/accommodation portals, or digital record-keeping — contact us to ensure a strong, defensible compliance foundation.

Contact us 

The Data Privacy Lawyer PLLC
🌐 www.thedataprivacylawyer.com
📧 info@thedataprivacylawyer.com
📞 +1 (202) 946-5970
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