Ruben Limonjyan | December 23, 2021 | Workplace Discrimination
Can an Employer Ask Me for Proof of Disability?
If you live with a disability, the America Disability Act (ADA) protects you from discrimination and harassment at work. The Act restricts your coworkers and employer from exhibiting prejudice against you due to your disability. It is essential to understand your rights if your employer inquires about your incapacity or asks you to provide proof of disability.
Should an Employer Ask About Your Disabilities?
The America Disability Act regards disability as a protected class, which means that class members have unique traits that can be used to defend them against harassment and discrimination. Your employer is allowed to ask whether you can perform essential job operations with or without reasonable accommodation during the hiring process.
However, if an employer inquires about your disability status during the hiring process, they will have violated your right under the ADA. The only time your employer is allowed to ask about your disability is after you secure the job. They are limited only to asking questions necessary for your disability accommodation.
Do You Need to Provide Proof of your Disability?
An employer is not allowed to ask you to provide proof of disability. If your disability is obvious, the employer should offer reasonable accommodation without requesting documentation. The law only allows your employer to ask for proof of disability if you seek reasonable accommodation.
Reasonable accommodation involves changing the working environment to suit an incapacitated employee. It may include job restructuring, modifying working equipment, and making the office easily accessible for employees with disabilities.
However, it is important to note that you should only provide the necessary medical documents that reveal you need a reasonable accommodation. It is unlawful for employers to demote, deny reasonable accommodation, terminate, harass, or discriminate against employees with obvious or proven disabilities. An employer should not fail to hire you due to your disabilities, provided you are up to the task regardless of whether you have reasonable accommodation.
What to Do If You Have Been Wrongfully Terminated or Discriminated Against
If you believe an employer disregarded your ADA rights, you can file a claim against the company. You must file a charge of discrimination to the U.S. Equal Employment Opportunity Commission within 180 days of the discrimination. Working with an employment attorney allows you to file your claim on time and protects your rights during the process.
If you have been discriminated against, you should get the compensation that will place you in the situation you would have been in if you were not discriminated against. If you were terminated, you may get reinstated, get reasonable accommodation, or better still, receive back pay.
Get Help from an Employment Attorney Today
Despite the stringent measures set by the ADA, many employers continue to discriminate against and harass employees living with disabilities. At Limonjyan Law Group, we will offer the legal support you need. Schedule an appointment with us today to learn more about how we can help you.