Can a Connecticut Employer Request Medical Documentation When Evaluating a Reasonable Accommodation Request Under the Americans with Disabilities Act?

By: Sara Bigman

The short answer is yes, but with some important limitations…

In determining whether to grant a request for a reasonable accommodation, an employer must first determine whether the person requesting an accommodation is a qualified individual with a disability under state and federal law. In my prior article, I explained what it means to be a qualified individual with a disability and therefore be subject to the protections of the Americans with Disabilities Act of 1990 (“ADA”).

When the individual’s disability and/or need for the accommodation is not obvious, an employer may request medical information from an individual’s health care provider in order to determine that the individual has a medical condition which meets the ADA definition of disabled and the need for a reasonable accommodation. 

However, an employer may only request information sufficient to determine whether the individual has a disability and an accommodation is appropriate. This inquiry may include information about (1) the past, present and expected future nature, severity and duration of the impairment, (2) the activities the impairment limits, (3) the extent of the limitations, and (4) how the requested reasonable accommodation would assist the individual. An employer cannot ask for unrelated documentation (e.g., the employee’s complete medical records).

If the employee provides insufficient documentation to substantiate the existence of an ADA disability and the need for a reasonable accommodation, the employer should explain why the documentation is incomplete and give the employee a chance to correct it in a timely manner. This is imperative as employers have a duty to respond promptly and engage in an interactive process with the employee.

If the documentation continues to be insufficient, an employer can require the employee to be seen by an appropriate health care provider of the employer’s choosing at the employer’s expense. This examination must be limited to determining the existence of an ADA disability and the need for a reasonable accommodation. Once the employee has provided sufficient evidence, an employer should not continue to request additional documentation or medical examinations as this has been found to be retaliatory.

Employers also have a duty to keep all medical information obtained in connection with a request for reasonable accommodation in a confidential manner, separate from the employee’s personnel file. Employers are generally prohibited from disclosing an employee’s medical information except in necessary situations such as to the employee’s supervisor who needs to know the employee’s restrictions or to first aid personnel in case emergency treatment becomes necessary.

At Cohen and Wolf, we recognize that each situation regarding the ADA is unique.  We therefore encourage you to contact one of our Connecticut Employment Counseling & Litigation attorneys with any specific questions.

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