Workplace Accommodation Documentation Requirements

Summary

Employers in New York State can request additional medical documentation for workplace accommodations, even if initial paperwork is provided. This is part of the good faith interactive process under ADA and New York State Human Rights Law. If requests become excessive or discriminatory, consult a legal professional. Employers must maintain confidentiality of medical information. Denying accommodation solely due to a missing form may not align with ADA and state laws. A Collective Bargaining Agreement can require specific forms, but must comply with ADA and state laws.

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NYS
In New York State:
- Employers can ask for medical documentation for disability accommodation.
- The employer must engage in a "good faith interactive process" to determine appropriate accommodation.
- Denial of accommodation requests may be considered discriminatory under the Americans with Disabilities Act (ADA) and New York State Human Rights Law.
What if I provided them with a copy of an FMLA certification which shows I have a disability
In New York State:
- FMLA certification may serve as evidence of a disability.
- However, employers can still request additional medical documentation to understand the nature of your disability and the type of accommodation needed.
- This is part of the "good faith interactive process".
If your asking for an accommodation that allows you to check into the hospital due to a workplace injury they can still request it?
In New York State:
- Yes, employers can ask for medical documentation to understand the need for accommodation, even if it's for hospital check-in due to a workplace injury.
- This is part of the "good faith interactive process" under ADA and New York State Human Rights Law.
Even if they already know what my disability is?
Yes, in New York State, even if your employer is aware of your disability, they can still request additional medical documentation. This helps them understand the specific accommodations required due to your disability. It's part of the "good faith interactive process".
What do you mean by good faith?
"Good faith" in this context refers to a genuine effort or sincere intention by both parties (employer and employee) to engage in discussions and find a suitable accommodation that addresses the employee's disability needs, according to the law.
How is good faith asking for additional documentation I already showed them what my disability is provided them with a signed form frm my doctor and a letter stating the nature of my disability as well as a referral my doctor gave me stating I need to be in the hospital
"Good faith" means the employer is genuinely trying to understand your disability better to provide appropriate accommodation. Even if they have initial documentation, they can request more to clarify the specific accommodations needed. This is legal under the ADA and New York State Human Rights Law.
They can keep asking for as much documentation as they want?
In New York State:
- Employers can request necessary documentation to understand the accommodation needed.
- However, requests should be reasonable and not excessive.
- If you feel the requests are unreasonable, consider seeking legal advice.
When does it become unnecessary
In New York State, if the employer's requests for additional documentation become excessive or if they're unduly delaying the accommodation process, this could be seen as unnecessary or even discriminatory. It's important to consult with a legal professional if you believe this is the case.
I also asked them not to mention my condition to anyone and they CC’d my supervisor is that legal
In New York State:
- Employers must maintain confidentiality of employee's medical information.
- Disclosing your condition to your supervisor without your consent could potentially be a violation of ADA and New York State Human Rights Law.
Can the deny an accommodation solely based off of not having a form filled out by a medical provider
In New York State:
- Denying an accommodation solely because a specific form wasn't filled out by a medical provider may not align with the ADA and New York State Human Rights Law.
- Employers should engage in a sincere effort to understand and accommodate the disability, not merely discount it due to a form.
- Consult a legal professional if you believe your rights have been violated.
Can you have a CBA that requires them forms to be signed
In New York State:
- A Collective Bargaining Agreement (CBA) can stipulate that certain forms need to be signed.
- However, the requirement must not violate ADA and New York State Human Rights Law.
- It's advisable to consult a legal professional for specific advice regarding your situation.
Thank you for contacting the Workplace Accommodations Team. We have received Part * and * of form *-*. However, in order to review your request you must have your health care provider complete Part *, which is the Medical Questionnaire, and submit via fax to *-*-*. We are unable to proceed with your request until we receive this.
From your message, it seems your employer is requesting more medical documentation to review your workplace accommodation request. In New York State, employers can make such requests. However, if you feel this is excessive or violating your rights, you may want to consider seeking legal advice. Do you have a legal representative or would you like guidance on finding one?
They can ask for that before even looking over the request
Yes, in New York State, employers can request additional medical documentation before reviewing an accommodation request. This is part of the "good faith interactive process". If you believe this is excessive or discriminatory, consider consulting with a legal professional.
What if I refuse to provide it
In New York State:
- If you refuse to provide further medical documentation, your employer may not be able to process your accommodation request.
- Your employer is required to engage in the "good faith interactive process".
- If you feel your rights are being violated, consult with a legal professional.
So they can deny a request simply for not having documents
In New York State:
- Employers can potentially deny an accommodation request if necessary medical documentation isn't provided.
- However, this must adhere to ADA and New York State Human Rights Law.
- If you believe your rights are violated, consider seeking legal advice.
Even if you have an FMLA certification you still need to fill out an accommodation form and have a doctor sign it
Yes, in New York State, even if you have an FMLA certification, you may need to provide additional medical documentation for accommodation requests. This is part of the "good faith interactive process" under ADA and New York State Human Rights Law.
What else could be needed?
In New York State, apart from medical documentation:
- Employer may need specifics about how your disability affects your job.
- Details on the type of accommodation requested.
- How this accommodation will help you perform your job.
Remember, it should be a "good faith interactive process".
If I tell them how it will help me perform my job is that not good enough? My doctor certifies I have a disability I ask for the accommodation and told them how it will help me perform my job what else would be needed?
In New York State:
- Explaining how the accommodation will help you perform your job can be beneficial.
- However, the employer can still ask for medical documentation to understand your disability and the type of accommodation needed.
- This is part of the "good faith interactive process".