The law limits the employers when it comes to asking job applicants any medical questions, trying to figure out whether they have any disability. The questions at the interview can be connected only with performing a job (whether the applicant is capable of doing that) and whether a special accommodation is needed in order to successfully perform the job. Once the person is offered the job then the employer is allowed to ask certain medical questions and even require to pass a medical exam, but only if all other new employees in the same type of job have to do the same. After the person is hired and started working, the employer can ask for a specific medical documentation to satisfy an employee’s request for the special accommodation.
The “reasonable accommodation” basically means that an employer creates a workplace for an employee with a disability so that he or she can perform their job as well as a non-disabled worker. As an employer’s responsibility it often refers to physical changes to the workplace to aid the disabled employee, for example, installing ramps for an employee who uses a wheelchair or providing a reader or interpreter for someone who is blind or hearing impaired. It can also include allowing the employee to take additional unpaid leave for medical reasons or moving the employee to a vacant position or to a temporary light-duty position.
The law also requires that employers keep all medical records of their employees with a disability and information confidential and in separate medical files.
If you feel that you are mistreated because of the disability discrimination at your workplace, do not hesitate to contact our employment law attorneys and get a free consultation. We will do everything to help and protect you!