DAVID GEFFEN, ESQ
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When is requesting medical documentation necessary  to provide a reasonable  accommodation during the interactive process?

1/5/2022

2 Comments

 
An employer is not  required  to request medical documentation as part of the interactive process under the ADA. The employee requesting    accommodation is often the best source of information about his or her medical impairment and limitations. Use logical judgment in deciding when to request the information. If the disability and need for accommodation are obvious, move-on to identify and implement accommodation solutions.
​Q: When is medical documentation sufficient to determine if the employee has a disability and needs an accommodation?
A: Documentation is sufficient if it substantiates that the individual has a disability and needs the reasonable accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the impairment, the activity or activities that the impairment limits, the extent to which the impairment limits the employee's ability to perform the activity or activities, and should also substantiate why the requested reasonable accommodation is needed.
For a sample request for medical information, see   JAN's A to Z: Medical Exams and Inquiries.  Employers should customize this form on a case-by-case basis depending on the information that is needed.
For EEOC's guidance on medical documentation in response to an accommodation request, see question 6 in Reasonable Accommodation and Undue Hardship under the ADA.
 
Source: https://askjan.org/articles/Requests-For-Medical-Documentation-and-the-ADA.cfm
 


2 Comments

    Author

    David Geffen is a mediator, reasonable accommodation expert/consultant, and professional negotiator practicing throughout California.

    Mr. Geffen was a trial attorney for over 30 years. He is also a law school professor, published writer, lecturer, educator, and expert. 

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David Geffen, Esq.
(310) 434-1111 
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