An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.
By Brad Nakase, Attorney
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In the United States, under the Americans with Disabilities Act (ADA), an employer is prohibited by law from asking an employee about their disability. The ADA is a federal law that protects individuals with disabilities from discrimination in various aspects of employment. An employer is allowed to ask about an employee’s medical condition or disability only under certain circumstances. These situations include the following:
It is important to note that an employer’s questions should not be designed to uncover a candidate’s disability or otherwise pry into the individual’s medical history. This line of questioning would be viewed as discriminatory under the ADA. Furthermore, it is worth mentioning that local regulations and laws may offer additional protections that go beyond the ADA.
According to the Americans with Disabilities Act, individuals are not required by law to supply proof of their disability to their employers. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having this kind of impairment.
When it comes to employment, an individual with a disability is responsible for letting their employer know about their need for accommodations. In general, an employer or their ADA defense attorney is permitted to ask for documentation or verification of the disability when an employee makes a request for accommodation.
The documentation should establish that the person has a disability within the ADA’s definition and offer relevant information about how the disability impacts the individual’s ability to perform job-related tasks. That said, the documentation should not reveal extensive, detailed medical information that should remain confidential.
The ADA does not detail specific requirements for the format or type of documentation. The employee and employer should engage in an interactive process to figure out what information is necessary to establish the existence of a disability and the need for reasonable accommodations.
It is important to remember that while an employer has the right to ask for documentation, they should not ask for intrusive or unnecessary medical information or otherwise pry into an individual’s personal medical history. The ADA emphasizes confidentiality and privacy in dealing with this kind of information.
If an individual has any issues or concerns related to submitting this kind of proof, they should not hesitate to consult with an employment law attorney.
To file a claim against an employer for disability discrimination under the Americans with Disabilities Act (ADA), an individual will need to follow these steps:
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