This may seem pretty petty, but its a serious issue for me. My employer has threatened my job because of my refusal to submit to a hearing test. My job does not require hearing for the most part and I have successfully maintained my position for over a year now. Regardless of my current condition I am capable of doing my job.

My position:
I don't subscribe to most modern medical beliefs and treatments. I don't have a doctor, nor dentist, and I only have health coverage because my wife took it upon herself to cover me without my permission. Beyond being an invasion of privacy on the part of my employer, I also trust neither them, nor the company administering the examine to keep my information (good or bad) confidential. And there is little legal recourse if they do disclose such information.

Plus no medical tests were required during my hiring or have been mandated since.

Their position:
I work in a warehouse where my subordinates operate heavy machinery. Part of the union process, not to mention OSHA regulations, requires these employees to have regular hearing checks to maintain their jobs. I am not listed as one of these employees, but since I am around them and the equipment they say the rule still applies to me.

Part 2:
I've read many interpretations of the ADA which basically says an employer cannot forcibly administer any test with may reveal a disability without proper documented cause. I read that as if my hearing wasn't a concern before, and I'm not showing any sings of being deaf today then the company has no right to inquire about my hearing status. Would this be a useable defense in unemployment hearings if do in fact lose my job?

Is it possible that the heavy machinery you work around is "documented probable cause" to adminster yearly hearing tests?

My boyfriend powerwashes tractor-trailers for a living. Because of the constant noise of the water pumps, high pressure spray guns, and the trucks themselves all the employees take a hearing test annually.

Have you ever had a hearing test before? I wouldn't consider the results "sensitive personal information" to be protected at all costs by any means. You wear some headphones and a series of tones are played. You're instructed to make a motion when you hear each tone. That's it. Is that really worth losing your job over?

Also, does hearing loss qualify as a disability? I've always thought of it as more of an impairment but I may be incorrect.

And uh... you don't have a dentist?! Errrr.

Is it possible that the heavy machinery you work around is "documented probable cause" to administer yearly hearing tests?
My take is that if it is probable cause why did they not administer it last year, or specify it as part of the job description.

I wouldn't consider the results "sensitive personal information" to be protected at all costs by any means. Is that really worth losing your job over?
Considering the possible future ramifications of potential negative results leaking out, then, to me, its worth dying over. Also I see it as a stepping stone for the company to begin prying into more personal issues - privacy is my all-time greatest concern. I'll fight it here as I would on capital hill.

Also, does hearing loss qualify as a disability? I've always thought of it as more of an impairment but I may be incorrect.
ADA classifies a certain level of deafness a disability. The situation as I see it, since my job does not require hearing and a hearing test has no obvious benefit for me (which my company knows,) then the only reasonable conclusion for administering it is to determine if I am handicapped.

And uh... you don't have a dentist?! Errrr.
No, but the investments I made with money I saved from not paying health insurance and doctors fees should put me into the seven-digit figure by the time I retire. Hopefully that'll be enough to buy a new set of teeth.

You need to explain how your job doesn't require the ability to hear. Most jobs involve communication, and hearing (or a substitute) is normally required.

If your employer requires its employees working around or near heavy machinery to take annual hearings test, it can terminate your employment if you fail to meet that requirement of the job. An employer can impose such a requirement during your employment. It is really irrelevant that you didn't have to a hearing test last year or at your hire.

The ADA doesn't preempt other federal laws, such as OSHA. Therefore, your employer can require that you take the hearing test. OSHA was enacted to protect workers. The testing is to ensure that you aren't suffering severe hearing loss as a result of your working conditions. If you are, then the employer may be required to provide protection for your hearing.

Why do you think your employer is trying to determine whether you are "handicapped?"

And, let's hope that you survive until retirement age and get to spend your investments. The absence of preventative health and dental care may make that unlikely.

You need to explain how your job doesn't require the ability to hear. Most jobs involve communication, and hearing (or a substitute) is normally required.
It's helpful, but most of my work is done through email and status reports. I only have to communicate to my subordinates which has never been brought into question before.

If your employer requires its employees working around or near heavy machinery to take annual hearings test, it can terminate your employment if you fail to meet that requirement of the job. An employer can impose such a requirement during your employment.
Even if I do not work in/near said equipment? If that were the case I should be required to wear a hairnet and goggles as well, but I don't. I'd be okay if this were a "can you hear me now" thing, but looking over the preliminary questions its obvious they are looking for cause and conditions. If I don't trust a doctor with this information how can I be forced to trust my boss?

The testing is to ensure that you aren't suffering severe hearing loss as a result of your working conditions. If you are, then the employer may be required to provide protection for your hearing.
There is no direct way for a hearing test to prove hearing damage is the result of work, and by me opting out I automatically release the company from liability in terms of hearing. I cannot file a complaint unless I am willing to submit to a test right?

Why do you think your employer is trying to determine whether you are "handicapped?"
I don't have enough information to make that statement, but logic dictates that if you're job isn't in a hazardous environment, you're not showing just cause, the test itself has no direct value without collaboration, and the results of the test are knowingly going to be ignored by the patient, what other possibility exists than to have a tool for discrimination?

The absence of preventative health and dental care may make that unlikely.
Well considering the healthiest person I have ever known died two years in a car wreck I'll have to ask you to forgive me if I just decide to take my chances...

I think you miss my point.

Your employer determines the terms and conditions of your employment, not you or your fears. It can require that you undergo a hearing test if you want to remain employed. You get to decide whether you want to take the test. If you decline, you can expect to suffer the consequences.

It's not clear to me why you want to work for an employer you can't trust with the results of a hearing test.

The ADA does not apply here, and I don't know of anything that supports your position, so you're on your own.

Increased human longevity is attributed to improved sanitation and medical intervention. You'll have to exist without half of the equation.

Sorry but OSHA doesn't provide an opt out for your employer because the employee decides they don't want to be tested. I have no idea why you are so paranoid about the doctor or your employer having a simple hearing test done, but if you work around heavy machinery, it is in your best interest to have the test. If and that is a big if, your employer uses the test inapproriately or the doctor for some unknown reason does inappropriate things with your medical records, then you do have recourse. The most likely scenario is that your employer is simply doing what any responsible employer would do and following the law and ensuring that if you need hearing protection, you have it.