An Employer Repeatedly Asking Whether You Are Sick or Dying

Attorney Answer

Repeatedly asking an employee whether they are sick or dying can be an unlawful disability-related inquiry under federal law, and if it is severe or persistent enough it can also be unlawful harassment under Utah law.

Under the Americans with Disabilities Act, 42 U.S.C. § 12112(d)(4)(A), a covered employer shall not require a medical examination and shall not make inquiries of an employee as to whether the employee is an individual with a disability, or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. Repeated, unsolicited questions about whether you are sick or dying, with no apparent job-related purpose, can fall within that prohibition. The ADA applies to employers with 15 or more employees.

Utah's Antidiscrimination Act, Utah Code § 34A-5-106, separately makes it a prohibited employment practice for an employer to retaliate against, harass, or discriminate against an otherwise qualified person because of disability, among other protected characteristics. One distinction matters here: the Utah act contains no counterpart to the ADA's restriction on medical examinations and disability-related inquiries. That specific protection is federal only. What Utah law can independently support is a harassment theory, if the questioning is severe or pervasive enough. The Utah act reaches employers with 15 or more employees within the state and excludes religious organizations.

What you can do

1. Document each instance — the date, what was said, who else was present, and the effect on you and your work. 2. Confirm how many people your employer employs, since both laws have a 15-employee threshold. 3. Consider raising it internally in writing with HR first, describing the specific comments and asking that they stop. 4. If it continues, consider filing a charge with the EEOC or with the Utah Antidiscrimination and Labor Division. Both have strict filing windows that run from when the conduct occurred, so do not sit on it. 5. Consult a Utah employment attorney about whether this is an unlawful inquiry, harassment, or both, and about handling an agency filing.