If you have a disability or medical condition that requires some adjustments to your work environment, you likely know that employers are typically required to provide “reasonable accommodation” under the Americans with Disabilities Act (ADA). A reasonable accommodation is one that doesn’t create an “undue hardship” for the business or its other employees.
What you may be less certain about is how much information an employer can require about your condition if you ask for – and especially if they agree to – one or more reasonable accommodations. Unfortunately, some employers believe that if a person acknowledges their need for an accommodation, they can ask anything they want and expect an answer.
What employers can – and can’t — ask
First, employers aren’t supposed to ask any applicant or employee if they have a disability or, if it’s obvious, any specifics about it beyond whether they can do the job. For example, if someone who uses a wheelchair asks for a desk in an area where there’s room for them to get to and from it, that doesn’t give their employer the right to ask why they use a wheelchair, how long they’ve used it and other questions that aren’t relevant to their job.
Some people are more open about their disabilities than others. They may choose to share that and other information with a human resources manager or their manager. That doesn’t give them the right to share it with others. It’s up to the employee to determine what they want to share and with whom.
What medical documentation can they require?
Some employers will attempt to get around these restrictions by asking for a doctor’s note – particularly when an accommodation is requested. All a doctor may disclose without their patient’s permission is that they need the requested accommodation. Further, employers can’t require an applicant or employee to provide medical information or submit to any testing unless everyone in that position is required to do so.
Finally, employers cannot legally retaliate against someone for not answering questions they shouldn’t be asking. That doesn’t mean they won’t. That’s why it’s important to be smart about how you handle these questions so that you don’t offend someone, but you don’t disclose personal information you’re not comfortable with them knowing.
Navigating the workplace with any kind of disability can be challenging. If you have questions or concerns, it can help to have experienced legal guidance to help you protect – and if necessary, assert – your rights.
