Most working Michiganders with a disability, whether it’s “noticeable” or not, know they have the right to “reasonable accommodation” in the workplace thanks to the Americans with Disabilities Act (ADA).
Employers are generally required to provide employees with requested accommodations as long as they don’t create an “undue hardship” for the business or employees. This can be anything from providing or allowing adaptive apps or equipment on a computer to installing a ramp outside one of the building doors to letting an employee modify their work schedule. These are just a few examples.
What kind of questions can an employer ask?
Unfortunately, some employers believe that because an applicant or current employee asks for an accommodation – particularly one they agree to – they have a right to ask questions about an employee’s disability they couldn’t otherwise ask. They may also believe the employee has no right to confidentiality about that information since they’re receiving a requested accommodation. Neither of those things is true. Employees and applicants should know where to draw the line on intrusive questions and requests.
Employers are not entitled to ask if someone has a disability or any specifics about it. Any questions must relate to their ability to do the job. The same goes for reasonable accommodations. For example, a person has a right to ask for a desk that accommodates their wheelchair. That doesn’t give their employer permission to ask why they use a wheelchair.
Further, if someone shares information about their disability with a manager so they can better understand why certain accommodations are necessary, that doesn’t give them the right to disclose it to anyone else – at least not without permission.
What information may a doctor have to provide?
Another issue employees sometimes face when they seek reasonable accommodations is that employers may require a letter or other documentation from a doctor. They have a right to require documentation confirming that someone needs the requested accommodation(s) – but not information about the disability. They also can’t request medical information or testing not required of other employees – at least those in the same job.
Unfortunately, some employers will still find a way to retaliate against someone who doesn’t give them personal information to which they think they’re entitled. Many have their own ingrained prejudices against those with particular types of disabilities – whether physical or mental. Anyone who believes they’ve suffered harm due to discrimination because of their disability can benefit from seeking legal guidance to determine the best path forward.
