As most people know, employers generally must provide “reasonable accommodation” when requested by an applicant or employee with disabilities who needs it to do their job. A “reasonable” accommodation is one that won’t cause “undue hardship” to the employer.
What’s less clear to many employers and employees is what questions employers can ask about a person’s disability if they ask for an accommodation. Can they ask whether an applicant needs any accommodation if it’s obvious they have a disability, even if the applicant hasn’t mentioned it?
What can – and can’t – employers ask?
Employers’ questions must focus on the accommodation and the person’s ability to do the job – not the disability. If an applicant has a visible disability (for example if they use a wheelchair), an employer can ask, before any job offer has been made, if the person needs any accommodation to do the job even if the applicant has not requested an accommodation. If the applicant has brought it up, an employer can ask some specifics around the accommodation to better determine whether it is “reasonable.”
Just because an applicant acknowledges a disability and need for accommodation, that does not allow an employer to ask unnecessary questions. Further, after a conditional offer is made, employers can only require medical information or testing required of other applicants for that job.
What if an accommodation becomes necessary after starting the job?
Some people without visible disabilities and/or who don’t believe they need an accommodation choose not to disclose their disability in an interview. However, they find after starting the job that they need to request an accommodation. Sometimes a disability changes or worsens over time. Some “flare up” intermittently.
Employees have a right to request reasonable accommodation after they’ve been hired or have been on the job for a time. Employers don’t have a right to deny it because a person didn’t request it before being hired.
Further, employers have the right to ask an employee if they need a particular accommodation if the employer has a reasonable belief that they do. Any questions by an employer, as noted, need to stick to the accommodation and the job.
It’s typically best for applicants to bring up the possible need for one or more accommodations prior to being hired. It’s important to be sure that an employer can and will provide them if required.
Navigating employment with a disability – whether visible or invisible – can be challenging. It’s critical for applicants and employees to know, protect and assert their rights.
