Under the Americans with Disabilities Act (ADA) and state laws, Indiana employers are required to provide “reasonable accommodation” to any employee with a disability or other medical condition who requires such accommodation to do their job. That’s unless it would create “undue hardship” for the employer.
According to the Equal Employment Opportunity Commission (EEOC), an undue hardship could be financial or accommodations “that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.”
Unfortunately, some applicants and employees are hesitant to ask for this accommodation because they don’t want to reveal or call attention to their disability and open themselves up to intrusive questions.
Some people are happy to answer questions and educate others about a disability or condition. Others don’t feel comfortable doing that. That’s why it’s important to know how much information employers are entitled to when being asked to provide reasonable accommodation.
The questions need to center on the job
Employers aren’t supposed to ask an applicant or employee if they have a disability, what it is or any details about it. All they can ask is whether a person can perform the functions of the job with reasonable accommodation and what accommodation is necessary. Then they can determine whether that would cause undue hardship or not.
It’s typically best when employees can offer valid options based on what has worked for them in the past. This can help employers more easily accommodate them. An employee should never be expected to answer intrusive questions as a quid pro quo for obtaining an accommodation (as in, “Well, I’d like to help you, but I need to know more about your condition.”)
Limited medical documentation can be required
Employers can require a doctor’s letter or other documentation affirming that an employee has a medical necessity for one or more accommodations to perform the required functions of their job. However, a doctor isn’t required to disclose any information that isn’t required of others in that job. Neither can an employer require an applicant or employee to undergo any tests (for example, drug testing) that aren’t required of others.
Retaliation against an applicant or employee for not providing unnecessary information is prohibited. Of course, it happens – and it can be hard for a person with a disability to prove that their disability or refusal to provide information was the cause unless an employer is foolish enough to say it.
Navigating the workplace with a disability is often challenging. Having experienced legal guidance can help those who believe they’ve faced discrimination that’s cost them a job or hampered their career.