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Fair Measures, Inc. - Legal Training for Managers
 
 

 
Question & Answer
 
 

Is employer allowed to know disability diagnosis?

When an employee has a "hidden" disability (such as mental illness or AIDS), and he requests a reasonable accommodation, is it necessary to identify the exact "nature" of the disability?

Rita Risser's response:

An employer is not allowed to know the exact nature of the disability, unless such information is critical to the reasonable accommodation decision. For example, a person with AIDS is not allowed by law to fly commercial aircraft, so in that situation, an employer may have a right to know the diagnosis. But most jobs do not require AIDS-specific accommodations. Thus, all the employer needs to know is the limitations of the disability.

In the case of mental illness, an employer need not be informed of whether the diagnosis is schizophrenia, manic depression or other illness. The employer simply needs to know if the employee can do the job, and if not, what reasonable accommodations must be made.

The employer is allowed to inform an employee's doctor about the essential functions of the job, and get specific information about restrictions on the employee's ability to perform those functions.

Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person.
 
 
     
 
 
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