Medical Documentation for Reasonable Accommodations

Melville Johnson

April 7, 2020

However, an employer can’t ask for documentation when both the disability and need for reasonable accommodation are obvious, or the individual has already provided the employer with sufficient information to substantiate that he or she has an ADA disability and needs the reasonable accommodation requested.

“Reasonable documentation” means documentation that is needed to establish that a person has an ADA disability, and that the disability necessitates a reasonable accommodation. Therefore, an employer can’t ask for documentation that is unrelated to determining the existence of a disability and the necessity for an accommodation. Documentation is insufficient if it does not specify the existence of an ADA disability and explain the need.

If an individual’s disability or need for reasonable accommodation is not obvious, and he or she refuses to provide the reasonable documentation requested, then he or she is not entitled to reasonable accommodation. On the other hand, failure by the employer to initiate or participate in an informal dialogue with the individual after receiving a request for accommodation could result in liability for failure to provide the accommodation.

Oftentimes, the Health Insurance Portability and Accountability Act (“HIPAA”) is a concern among many employees when it comes to medical documentation. Provided that an employer’s request for medical information is job-related and consistent with business necessity, the ADA does not prohibit employer representatives from directly contacting healthcare providers when medical information is needed in support of a request for accommodation. However, healthcare providers can’t share patient’s protected health information with employers who contact them directly without first having formal authorization to do so.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in EEO matters such as these, and are willing and able to assist you in your federal employment legal matters.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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