Responsible employers know that they’re required under the Americans with Disability Act (ADA) to provide employees who have a disability with any “reasonable accommodation” necessary to do their job unless it would cause “undue hardship.” An undue hardship is considered something that “would require significant difficulty or expense.”
A disability can be readily apparent or completely invisible to others. Under the law, it’s defined as any “physical or mental impairment that substantially limits a major life activity.”
Even when employers understand and abide by their responsibility to provide reasonable accommodations, they’re often unclear about what kind of questions they can ask or what kind of information they can require once an applicant or current employee has requested an accommodation – particularly one they have agreed to make.
What questions can an employer ask?
Unfortunately, too many managers and even some Human Resources employees believe that once someone has acknowledged that they have a disability and require one or more accommodations, they can then ask them anything they want about it. In fact, the questions they can ask are limited to the specific accommodation(s) they’re requesting.
For example, if an employee who uses a wheelchair needs a little extra space around their desk, the employer doesn’t have the right to ask why they use a wheelchair. Further, an employer can require a note from the employee’s doctor verifying that they need a particular accommodation. However, they can’t require (and the doctor shouldn’t provide without consent) information about the person’s disability.
Some people are more open about their disability than others. However, even if an employee shares that information with their manager or an HR staffer, they don’t have the right to, in turn, share it with others without the employee’s permission.
Why this is important
An employee likely isn’t going to take legal action simply because someone in the company makes them feel uncomfortable by asking too many personal questions about their disability. However, a manager or anyone else in authority who doesn’t respect their right to privacy may also engage in discriminatory or even harassing behavior that could result in a claim.
That’s why it’s important for employers to ensure that all employees understand that disability is a legally protected class and just what that means for day-to-day interactions and larger employment decisions. Those who don’t understand that can cause unnecessary legal consequences. Employers with questions or concerns about this are wise to get legal guidance.
