Q&A

What is a disability inquiry?

What is a disability inquiry?

A “disability-related inquiry” is a question that is likely to elicit information about a disability, such as asking employees about: whether they have or ever had a disability; the kinds of prescription medications they are taking; and, the results of any genetic tests they have had.

What is a medical inquiry?

A medical inquiry is any question about an individual’s health or disabilities. Examples of medical inquiries: 1. Asking whether you have been treated for a specific condition or disease.

What does it mean to direct medical inquiry?

MEDICAL INQUIRY means an unsolicited request from a health care professional for additional information concerning Product.

When does an employer need to make a disability related inquiry?

Under the ADA, an employer’s ability to make disability-related inquiries or require medical examinations is analyzed in three stages: pre-offer, post-offer, and employment. At the first stage (prior to an offer of employment), the ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job.

What is enforcement guidance on disability-related inquiries and medical examinations?

SUBJECT: EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA) 2. PURPOSE: This enforcement guidance explains when it is permissible foremployers to make disability-related inquiries or require medical examinations of employees.

When to ask for a doctor’s note for disability leave?

If the employer has information that reasonably causes it to believe that these concerns are related to the employee’s disability, then medical questions and a medical examination may be appropriate. Employers may ask employees to provide a doctor’s note to support a request for leave. This documentation is required by other laws.

When to ask an employee about their medical condition?

An EAP counselor may ask employees about their medical condition(s) if s/he: (1) does not act for or on behalf of the employer; (2) is obligated to shield any information the employee reveals from decision makers; and, (3) has no power to affect employment decisions.

When does an employer make a disability related inquiry?

At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity. What is a “disability-related inquiry”? (Question 1)

When does an employer need to make a medical inquiry?

For example, employers may make a disability-related inquiry if an employee requests a reasonable accommodation or to take leave under the FMLA. Employers are entitled to make additional inquiries regarding the employee’s medical status if needed to verify the existence of the disability or certify the requested leave.

Can an employer request medical documentation of a disability?

As part of that interactive process, an employer can ordinarily request medical documentation of your disability. It can even request additional information, if it explains to you why the information you’ve already provided is insufficient.

When do employers not need to ask about disability?

At the first stage (prior to an offer of employment), an employer may not ask any disability-related questions or require any medical examinations, even if they are related to the job.