Asking for Proof of Continuance for Disability

Can Employer Ask for Proof of Disability? Can employers ask what your disability is?

It is frustrating for employers when an employee feigns disability. It is equally disappointing for employees when employers do not believe in the genuineness of a disability. In California, if the employer does not consider the worker's disability obvious, the employer may ask them to bring medical documentation.

Can Employers Ask Employees About Their Disabilities?

Unfortunately, employers cannot inquire about disabilities that prospective hires may have. Employees with disabilities have rights under the ADA, and this type of question infringes upon those employee rights.

If an employer inquires about a prospective worker's disability, the worker might be able to file a claim against the employer.

Zap Technology cannot ask Trey about disabilities during the hiring process. Unfortunately, this means that Suzy, the hiring manager, cannot inquire about Trey's ADD during either of his interviews.

However, if Suzy offers Trey the job, she can ask limited questions about Trey's disability. This limited ability to ask questions is because employers can only ask about disabilities after the candidate receives an offer of a job.

What Are Employers Able to Ask Workers about Disability?

Suzy cannot press or "grill" Trey about his disability. She can only legally ask questions regarding the disability related to providing reasonable accommodations.

In the second interview, Trey begins by disclosing his disability to Suzy. It weighed on him, and he had told Page about his ADD when Page's Computers hired him years ago. However, Suzy is unfazed by Trey's disclosure because, coincidentally, it turns out that Suzy, the manager, also has ADD.

At the end of the interview, Suzy asks Trey a few questions about his disability. She wonders if he needs any special accommodations at work. Suzy reveals that she uses deep-breathing techniques as ordered by her doctor, and sometimes her coworkers notice.

Trey tells Suzy about the headphones, the ability to walk around, and the medication he is on. Suzy tells Trey that all of this is 100% acceptable, and they are happy to have him aboard Zap Tech. She tells her new employee that if he needs anything else, to tell her, and that is that.

What Are the Rules Regarding What Employers Can Ask About Disablity?

Employers like Zap Tech must abide by strict rules about how and when they can ask employees about their disabilities. Workers and employers need to know that:

Employers do not have the authority to ask about disabilities if their goal is to include this information in the hiring decision.
Employers can ask about the performance of essential job functions, with or without accommodation, but it is unlawful for employers to ask if prospective employees have disabilities.
It is completely up to the worker to disclose information about their disability.

Trey concluded that it made sense to tell Suzy about his disability. He felt that informing her would help him to succeed as a new employee at Zap Tech.

If Trey were partially deaf, his disclosure would lead to different accommodations, such as a headset. As an employee, however, Trey needs to remember that Zap Tech. Cannot discriminate or retaliate against him once he reveals his disability.

Situations between employees with disabilities and employers can quickly grow complex. Workers who question their rights under the ADA or a possible discrimination case should contact an experienced disability discrimination attorney.

Do Employees Need to Supply Proof of Their Disabilities?

In California, workers usually do not need to provide documented proof of their disabilities. There are, however, a few exceptions to this idea.

First, if an employee has an obvious disability, most companies will not require documentation to accommodate the employee.

However, if the employer does not consider the worker's disability clear, they may ask them to bring medical documentation.

For example, Trey has been through multiple interviews in his career, during which the employer asked for documentation for his attention deficit disorder. ADD does not necessarily present clear signs, and Trey did not mind picking up a note from his doctor.

Are There Limits to the Documentation an Employee Must Provide About Disability?

When employees show no physical signs of disability, companies sometimes ask them to show proof. It is vital for employees in California to remember that they do not need to provide any documentation or information beyond what is necessary to prove they need accommodations.

Therefore, after Trey disclosed his disability to the hiring manager Suzy, he was not required to tell her when his doctor diagnosed him, how severe his ADD is, or what medication he takes. These added details and not essential to Zap providing accommodations and are a part of Trey's personal information.

If an employer asks for medical documentation, and the employee asks for accommodations before providing that documentation, the employer can turn the request down.

What If the Employer Retaliates Against the Worker?

However, employers cannot deny suitable accommodations for obvious or proven disabilities. Employers cannot engage in retaliatory acts against workers for asking for accommodations. Retaliation includes:

Cruel jokes and pranks
Harassment
Discrimination
Wrongful Termination
Demotion or reassignment

Failure to hire an employee based on their disability is illegal if the worker can perform the vital tasks of the job with or without suitable accommodations from the employer.

Trey asked Suzy permission to wear headphones at work and to leave his seat from time to time to walk around and clear his head. These are reasonable accommodations, especially because many employees at Zap wear headphones during the day, and most workers get up to use the bathroom, get a snack, or stretch their legs.

If Suzy denied Trey these accommodations, she would be acting unlawfully. If Suzy refused to hire Trey because of his ADD, she would be acting unlawfully even though he could clearly accomplish all of the position's tasks. Lastly, if Suzy or any other employee or supervisor at Zap Tech. began making fun of Trey because of his disability, harassing him, or discriminating against him in any way, these actions would be in breach of the law under the ADA.

What are the Americans with Disabilities Act (ADA)?

Over 12 percent of Americans have disabilities. Our Federal laws grant these individuals protections and rights. Additionally, the ADA protects workers with disabilities from multiple issues, such as:

Harassment at the workplace
Employment Discrimination

A disability is considered a protected class. This designation means neither coworkers nor employers can show biases against disabled employees.

It is also the decision and right of the disabled employee to inform their company of their disability or choose not to.

An Example: Trey, the Tech Support Specialist, and his ADD

Trey A. is a talented tech support specialist recently interviewed by Zap Technology Industries. Trey's job would be in customer support, and he has one more interview to go.

Unfortunately, Trey was diagnosed with attention deficit disorder at an early age. Nevertheless, Trey's hard work and determination helped him to succeed throughout high school in San Diego and college and graduate school in Los Angeles. However, Trey has not yet told Zap Tech. About his ADD. Trey is unsure if he wants to share this information, but he is also concerned that his coworkers and managers will notice his unique behavior.

Trey's Accommodations

Because of Trey's ADD, he always wears headphones at work. They helped him focus, and his doctor suggested them. Trey also takes medication to help him focus but sometimes finds that getting up and walking around the office is particularly helpful in clearing his mind.

At his current job at Page's Computers, Trey's behavior has not been an issue, especially because Trey is the top employee. However, after Trey's first interview at Zap, he had to take a test on some of the employee policies. Trey wore headphones and also took a few breaks to walk around. He aced the test, but he noticed the manager, Suzy watching him curiously.

Trey thinks he has a great chance to land the job at Zap. The first interview went very well, and they asked him back for another. As Trey readies himself for the second of two interviews, he wonders, however: can his prospective employer ask him about his disability?

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Source: https://california-business-lawyer-corporate-lawyer.com/can-employer-ask-for-proof-of-disability/

Asking for Proof of Continuance for Disability

Can Employer Ask for Proof of Disability? Can employers ask what your disability is?

Can Employers Ask Employees About Their Disabilities?

Do Employees Need to Supply Proof of Their Disabilities?

What are the Americans with Disabilities Act (ADA)?

FMLA Wrongful Termination

Can you get workers compensation after leaving job or fired?

Can Employer Ask for Proof of Disability? Can employers ask what your disability is?

Are No Rehire Policies Legal in California?

California Labor Laws for Remote Workers

Can Employers See Private Facebook Messages?

Unpaid Time Off California

What To Do If Misclassified as Independent Contractor?

ADA Proof of disability

12 Things You Need to Know About the Doctor's Note For Work Law

How Much Can You Sue an Employer for Misclassification?

22 FAQ Answered: Paid Sick Leave for Hourly Employees

12 Tips on How to Pay Employees Cash Legally

Can an Employee Be Terminated While on Medical Leave?

Can I Work 6 Hours Without a Lunch Break?

At Will Employment California

What does the Affordable Care Act? Advantages & Disadvantages

What Is Quid Pro Quo Harassment?

My Employer Didn't Pay Me on Payday

California Law on Time Off For Holidays and Holiday Pay

What jobs are exempt in California?

Exhaustee Unemployment Meaning

Is a Supervisor or Manager Liable For Discrimination or Harassment?

5 Things To Do If You Believe You Were Wrongfully Terminated

At Will Employment California & Exceptions to Employment At-Will

Workplace Bullying in California

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