The Americans with Disabilities Act (“ADA”) protects disabled individuals from all kinds of workplace discrimination. One type of discrimination that the Act protects against is an employer’s refusal to provide a reasonable accommodation. Under the ADA, an employer cannot discriminate against an employee or job applicant simply because he or she needs an accommodation. In fact, if the requested accommodation is reasonable, the employer may be required to provide it.
Under the ADA, an employer is entitled to verify an employee’s claimed disability, but that does not mean the employer can abuse the process to unreasonably withhold an accommodation. Usually, an employee must give the employer documents from a healthcare provider explaining the employee’s disability and any limitations it may cause. If an employee does not provide enough information, an employer can ask the employee to sign a limited release. The release allows the employer to give a list of specific questions to the employee’s doctor. The questions should relate to the employee’s disability and how it affects the employee at work. The release is not a fishing license to go through the employee’s medical records or healthcare history.
In some cases, an employer may ask an employee to submit to a medical examination, but it is inappropriate and illegal for an employer to require a medical examination when an employee has already provided the necessary information. Also, when an employer requests an independent medical examination to confirm a claimed disability, the employer must explain why the examination is needed and must give the employee an opportunity to provide any missing information.
If you think your employer wrongfully denied your request for a reasonable accommodation, call the right attorney. The ADA provides protection against discrimination by employers who unreasonably refuse to accept documentation of an employee’s disability and refuse to provide the reasonable accommodation that the employee is entitled to by law.
If you are disabled or your employer perceives you as being disabled; and you have been fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied wages, or even think that you might need a disability discrimination lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. The best option is not to wait. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting disables employees’ rights under ADA and Ohio law.
Disclaimer:
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. It would be best for you to contact an Ohio attorney to obtain advice with respect to disability discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm or any individual attorney.