The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams.
In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information.
Documentation When An Employee Requests An Accommodation
If a worker asks you to make a reasonable accommodation for a disability, you are entitled to require documentation from the employee substantiating the need for the accommodation. The documentation is sufficient if it describes the nature, severity and duration of the employee’s impairment; the activity the impairment limits and the extent of the limitation; and why the requested accommodation is needed.
According to the EEOC, the documentation is inadequate if it fails to specifically describe the nature of the disability and the employee’s functional limitations, or if the health care professional giving the opinion lacks sufficient expertise on the particular condition involved.
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Requiring Your Own Exam Before An Accommodation
If the employee seeking an accommodation provides insufficient information from their own doctor, you can request the worker’s consent to consult with the physician yourself. Or you can require the person to see a health care professional of your choice, at your expense.
But first, you must explain why their documentation is inadequate and give the person an opportunity to supply the missing information. And, if the employee does see your doctor, the exam must be narrowly focused on determining the extent of the claimed disability. You may also require an employee to be examined by a physician you designate if you reasonably believe the person poses a direct threat to their own safety or that of others.
Medical Clearance For Physical Fitness Tests
If you require workers to take physical fitness or agility tests, you may ask them to supply a note from a doctor either indicating that they can safely perform the test or explaining why they can’t. But you can’t obtain other medical information about the employee that is not related to the specific test.
Returning From Medical Leave
You can also make disability-related inquiries and request a fitness-for-duty exam when an employee who has been on medical leave seeks to return to work. But you must have a reasonable belief that the employee’s present ability to perform their essential job functions may be impaired. And the inquiry or exam must be limited in scope and aimed at learning about the specific medical condition for which the employee took leave.
Rules Covering Employee Assistance Program Counselors
The EEOC says that an EAP counselor who is not acting on your behalf may ask employees about their medical condition. But the counselor must shield this medical information from those in the company who make employment decisions.