Introduction
The ADA requires employers to provide reasonable accommodations so that employees with disabilities can enjoy the “benefits and privileges of employment” equal to those enjoyed by similarly-situated employees without disabilities. benefits and privileges of employement include, but are not limited to, employer-sponsred: (1) training, (2) services (e.g., employee assistance programs (EAPs), credit unions, cafeterias, lounges, gymnasiums, auditoriums, transportation), and (3) parties of other social functions (e.g., parties to celebrate retirements and birthdays, and company outings).
If an employee with a disability needs a reasonable accommodation in order to gain access to, and have an equal opportunity to participate in, these benefits and privileges, then the employer nmust provide the accommodation unless it can show undue hardship. Following, are answers to questions that, possibly, are not asked enough.
1. |
QUESTION: |
Does an employer have to provide reasonable accommodation to enable an employee with a disability to have equal access to information commuinicated in the workplace to non-disabled employees?
|
|
ANSWER: |
Yes. Employers provide information to employees through different means, including computes, bulletin boards, mailboxes, posters, and public address systems. Employers must ensure that employees with disabilities have aqccess to information that is provided to other similarly-situated employees without disabilities, regardless of whether they need it to perform their jobs.
|
2. |
QUESTION: |
Are there situations in which an employer cannot ask for docuumentation in response to a request for reasonable accommodation?
|
|
ANSWER: |
Yes. An employer cannot ask for documentation when: (1) both the disability and the need for reaonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested.
|
3. |
QUESTION: |
May an employer require an individual to go to a health care professional of the employer’s (rather than the employee’s) choice for the purposes of documenting need for accommodation and disability?
|
| |
ANSWER: |
The ADA does not prevent an employer from requiring an individual to go to an appropriate health professional of the employer’s choice if the individual provides insufficient information from his/her treating physician (or other health care professional) to substantiate that s/he has an ADA disability and needs a resaonable accommodation. However, if an individual provides insufficient documentation in response to thge employer’s initial request, the employer should explain why the documentation is insufficient and allow the individual an opporunity to provide the missing information in a timely manner. <>
|
OUR LOCATIONS 