The HIPAA thing is really that they're not allowed to share your medical information.
They can ask, and it's up to you if you answer questions. But if you answer and they then tell someone your answer, they're in violation of HIPAA. Asking isn't a violation.
As for backfiring and severity, that depends on the laws in your state.
No they cant ask. HR basically exists to know what questions not to ask. They can't say, "do you have aids?" They also can't say "so ya takin any aids meds" by obvious.
Our legal guy said asking isn't a violation, only someone sharing the information without your permission is. (The exception is when the information is needed to facilitate medical treatment or process payments)
Lol, according to statute he's correct. But it's going to take the best jew law firm to explain why it was necessary to ask if the purpose isn't discrimination. Of course you can ask to support reasonable accommodations, but if you ask during an interview and then don't hire, good luck with that. No megacorp asks. They put a paragraph in their employee handbook telling people who need such accomodations to come forward to their supervisor. No one ever wants to ask. Too much liability. Too much to defend. But maybe your legal guy needs some job security.
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