Seeking reasonable accommodation for a disability from an employer should not be a difficult, stressful process. Under the law, employers are required to provide reasonable accommodation to allow employees who have a disability or other medical condition to do their job.
The law makes an exception if providing reasonable accommodation would cause “undue hardship” for the employer. This could be a financial or an operational hardship.
Some disabilities are more readily apparent than others. Many (particularly those involving mental health) are often considered “invisible.”
What are dynamic disabilities?
Then there are what’s known as “dynamic disabilities.” Unlike disabilities such as paralysis or deafness, dynamic (or fluctuating) disabilities can affect people differently from one day to the next or even throughout a single day.
Neurological, autoimmune and autoinflammatory conditions are typically considered dynamic disabilities. Common examples include multiple sclerosis (MS), lupus and arthritis. Bipolar disorder, depression and post-traumatic stress disorder (PTSD) are mental health conditions that fall into this category.
Some people with dynamic disabilities choose not to seek reasonable accommodation because they don’t want managers or co-workers to know about their condition. They may not want to explain why they can use stairs on some days but not others, for example. However, by not seeking the accommodation they need, they don’t have it when they need it.
How much information can employers require?
By knowing what your rights are, including what an employer has a right to ask or require of you, it can be easier to seek the accommodation you need. While some employers believe they have the right to detailed information about an employee’s condition if they’re asking for reasonable accommodation, they don’t.
They can require a letter from a doctor stating that you have a disability or condition that requires one or more specific accommodations to do your job. Neither your doctor nor you has to disclose the condition to an employer. Further, an employer can’t require any medical testing or examination they don’t require for everyone in a particular job.
As an applicant or employee, you may feel comfortable providing some information to better help an employer understand your need for accommodation. Typically, those seeking accommodation get better results by working with an employer to get the needed accommodation without causing undue hardship.
Nonetheless, it’s important to understand the law and your rights under it. If you’ve been denied reasonable accommodation or have suffered retaliation for seeking it, getting legal guidance can help you better determine what your options and best next steps are.