An employer may request medical documentation to confirm that an employee has a qualifying disability and needs an accommodation. However, the request must be directly related to the accommodation sought. If you believe you are being discriminated at work due to your disability, call our proven Los Angeles disability discrimination lawyers today for a free consultation.
When Employers Can Request Proof
Employers can request proof, but cannot demand broad or unrelated medical details. For example:
- If an employee requests modified work hours due to a chronic medical condition, the employer may ask for confirmation from a healthcare provider.
- If an employee requests specialized equipment, the employer may ask for documentation showing that the equipment is necessary to perform essential job duties.
- If the disability is obvious, such as the need for a wheelchair, additional proof is generally unnecessary.
The law requires that employers only seek information sufficient to establish the existence of a disability and the need for reasonable accommodation.
Limits on Employer Requests
Employers cannot use requests for documentation as a way to intimidate or discourage employees from seeking accommodations. Both the Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA) impose limits to protect employee privacy:
- Employers cannot demand full medical histories or unrelated health information.
- Documentation must come from an appropriate healthcare professional, but the employer cannot insist on a specific doctor.
- Employers cannot delay the accommodation process by repeatedly requesting unnecessary paperwork.
- Medical records provided to the employer must remain confidential and stored separately from personnel files.
These restrictions are meant to protect an employee’s right to privacy.
What is the Interactive Process?
California law requires employers to engage in a good-faith interactive process when an employee requests an accommodation. This means the employer and employee must communicate openly to identify appropriate solutions. During this process, limited medical documentation may help clarify what accommodations are necessary. Employers must evaluate requests individually, considering both the needs of the employee and the resources of the business. Blanket denials or automatic requests for extensive proof may violate the law.
Types of Employer Requests that Violate the Law
Some employers overstep legal boundaries when seeking disability proof. Examples include:
- Asking for complete medical records instead of specific documentation.
- Requesting unnecessary details about conditions unrelated to the workplace.
- Demanding that an employee disclose a diagnosis when only functional limitations are relevant.
- Sharing an employee’s medical information with supervisors or coworkers.
- Requiring multiple rounds of documentation without justification.
Such actions can discourage employees from asserting their rights and may constitute disability discrimination.
How a Lawyer Can Help
Disputes about disability documentation can quickly become complicated. Employers may misuse requests for proof as a way to delay accommodations or intimidate employees. A skilled discrimination lawyer in Los Angeles can help in several ways:
- Reviewing whether your employer’s request for documentation complies with ADA and FEHA requirements.
- Ensuring your privacy rights are protected and that only necessary information is disclosed.
- Guiding you through the interactive process and helping you present strong documentation.
- Negotiating with your employer to secure accommodations without unnecessary delays.
- Filing complaints with the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), or pursuing legal action if your rights are violated
Contact Our Disability Discrimination Lawyer in LA County Today
If your employer has unfairly demanded proof of your disability or denied your accommodation request, arrange a free consultation with our experienced employment lawyer today. Call (310) 499-0140 or message us online today.