Can an Employer Ask for Proof of Disability? Rise Law Firm Explains The Law

California employers cannot ask what your disability is, but they can ask for a letter from a medical provider verifying that you have a disability that requires accommodations. If your disability is obvious, employers typically will not ask for further documentation when you ask for reasonable adjustments to how, when, or where your job is performed. On the other hand, if your disability isn’t as noticeable, or is “invisible,” your employer may require a letter from your doctor before approving your request for accommodations in the workplace. 

Protection under the Americans With Disabilities Act (ADA)

People with disabilities are protected under the ADA from job discrimination based on their disability. Employers are breaking the law if they ask you the following: 

• If you are disabled or about the nature or severity of your disability when you are applying for a job. 
• For a medical examination before offering you a job. 
• For a medical examination when you are already an employee, unless it is related to your job or necessary to conduct business. 
• For your medical records, or information about your health without your permission. If you do approve this, you have the right to check the records before they are passed along. 
• For information about any health conditions that arise during employment. You can choose to volunteer information, and employers use provided reasonable accommodations that are requested to support an employee in their work. 

The things that an employer can ask you, are: 

• Questions that help them determine if reasonable accommodations need to be made. 
• To demonstrate or describe how you will perform job duties, with or without reasonable accommodation. 
• For a medical examination as a condition of employment, but only if it is the same requirement for all employees in that job category. 
• If you’d like to participate by completing a voluntary medical examination as part of an employee health program. 

The results of all medical examinations are confidential. If information about your disability is revealed, you cannot be denied the job if you are able to perform its essential functions with an accommodation.

Should You Prove Your Disability to Your Employer? 

Although you are not legally required to tell your employer about a disability, it may be in your best interest if you need accommodations to best perform your job. Once you provide proof, if requested, there are no set policies or procedures that must be followed when it comes to providing accommodations. However, most employers will have ones in place to meet your needs. 

A reasonable accommodation is, “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities,” according to the U.S. Equal Opportunity Employment Commission (EEOC). 

That could include, for example, an office located close to necessary facilities (such as an entrance, exit, or bathroom), days in which you work from home, additional time off, etc. 

Are You Experiencing Disability Discrimination? 

After reporting your disability or requesting reasonable accommodations, it is illegal for your employer to retaliate against you by firing you or taking another type of revenge. If you suspect you are experiencing disability discrimination, contact Rise Law Firm, PC. Our Los Angeles Disability Discrimination lawyers want to help, and can advise you of your legal options in a free consultation. Contact us today by calling 310-728-6588.