Employers have a responsibility to provide reasonable accommodation to their employees who have disabilities. Under both state and federal law, that means as long as a requested accommodation wouldn’t cause undue hardship for the business (whether financially or operationally), it needs to be provided.
Many people have what are called “dynamic” disabilities. Unlike “static” disabilities, like deafness and paralysis, dynamic disabilities are impairments or conditions where the symptoms can fluctuate in severity – sometimes from one day to the next or even throughout the day.
Misunderstandings around dynamic disabilities
A number of autoimmune, autoinflammatory and neurological conditions are considered dynamic disabilities. Everything from arthritis to multiple sclerosis (MS) to lupus to depression can fall into this category. A person with MS, for example, may be able to walk without a mobility aid some days and need a cane or even a rollator or walker on others.
This can be difficult for some managers and co-workers to understand if they don’t know anyone (or don’t realize they do) with a dynamic disability. They might assume that if a person can walk on their own some days, they should be able to do it all the time. That’s just not how these conditions work.
In some ways, it can be as challenging for someone with a dynamic disability to get the necessary workplace accommodations as it can be for someone with an “invisible” disability or condition because their condition can be invisible – sometimes for days, weeks or longer.
What “proof” can employers require?
It’s important to know what information you’re required to provide an employer about your condition if you request a reasonable accommodation. You are only required to give them documentation – typically a letter from a doctor – confirming that you have a disability and that you need one or more accommodations. An employer doesn’t have the right to see your medical records. They also can’t require you to undergo any testing unless it’s required of all people in the same job.
Some people are more comfortable sharing information about their disability than others. It can help employers better understand and accommodate it. However, questions and discussions should focus on what you need to carry out the necessary tasks required of your job.
If you believe you’ve been wrongly denied a reasonable accommodation or otherwise discriminated against because of your disability or medical condition, it can be worthwhile to get legal guidance to determine your options.