September 9, 2022

Can an Employer Ask for Proof of Disability?

People living with disabilities in the United States are protected under federal law. The Americans with Disability Act keeps people with disabilities free from employment discrimination and harassment. Under federal laws, disability does not only refer to physical impairments but extends to mental impairment or any other incapacitation that hinders one from performing daily activities.

It is essential to note that your coworkers or employers should not exhibit discriminatory actions towards you. Employers have no right to force you to disclose or prove your disability for job consideration.

Disclosure of Disabilities

While seeking jobs, most people tend to submit to any condition set by prospective employers. However, it is essential to note that employers do not have the right to request you to disclose your disability. Therefore, if you feel that an employer failed to offer you employment for failing to disclose your disability, you can always file a claim against them.

It is up to you to disclose whether or not you have a disability. The only time your employer should ask you about your disabilities is after they offer you the job. However, they can only ask questions about your disability to make arrangements to provide reasonable accommodations.

These accommodations are meant to make your employment bearable.

For instance, your employer may offer accommodations such as a special headset or a workplace presentation if you are hard of hearing. However, your employer should not discriminate against you after learning of your disability.

Do you Need to Provide Proof of your Disability?

You don’t need to have any documentation to establish most physical impairments. However, disabilities like mental impairments are not easily distinguishable and may develop from time to time. Whether your disability is apparent or not, your employer has no right to ask you to provide proof of disability. The only time you need to provide documentation of your disability is when you want to request reasonable accommodations.

If you have a mental illness resulting from a bad accident, you may not have apparent signs of disability, so you might have to show proof of your disability. However, you are not obligated to provide more documentation or information than required to prove your need for the disability accommodation.

How our New York Disability Attorneys Can Help YouR Case

Working with a New York disability attorney from Mizrahi Kroub LLP is an excellent way to compel your employer to offer reasonable accommodation through employment authority orders. Besides, we can help you file a claim to recover compensation for lost earning capacity, wages, and emotional distress.

We will offer the guidance you need to file the compensation claim and help prevent the employer responsible from committing similar actions to other employees in the future.

Contact us today to schedule a case evaluation with a New York disability attorney.

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