Amanda DeMatteis: Hi, Josh.
Josh Goodbaum: Hi, Amanda. What are we talking about today?
DeMatteis: I thought we would talk about disability discrimination, particularly reasonable accommodations. So, let’s imagine that you are counseling an employee who has a disability that maybe they don’t really want to share much information about. It could be mental health-related; maybe it impacts the reproductive system; maybe it’s stomach issues that folks have, right? And you just don’t want to go to work and talk to your boss about that. So, you apply for your reasonable accommodation, you give the bare-bones minimum of information, and your employer comes back and has some more questions. Do you have to answer them?
Goodbaum: This is a really common problem because a lot of people have shame or stigma around their disability, and that’s really unfortunate because we want folks with disabilities to be able to have the accommodations they need to be able to thrive in the workplace.
Unfortunately, just as you have a right to a reasonable accommodation, your employer also has some rights in this accommodation process. The process of back and forth between an employee and an employer about a reasonable accommodation is called the “interactive process” or the “interactive dialogue.” It’s supposed to be a give-and-take. And so just as you have a right to make the request for an accommodation, your employer has a right to interrogate that request in a few different ways.
Number one: They have a right to confirm that you actually have a disability and to know what it is. So, they’re entitled to ask for a certification from your healthcare provider about the details of that disability.
Number two: Your employer has a right to provide you with the reasonable accommodation that works best for them. You’re not entitled to the reasonable accommodation you want. You’re entitled to a reasonable accommodation. So, your employer has a right to try to figure out, if you want X accommodation but Y accommodation might also work, they’re allowed to look into Y accommodation and see if it would work.
Now, of course, the fact that you’ve asked for an accommodation is not an open season on all of your private health information. Your employer is allowed to ask questions that are specific to the disability you have and to the accommodation you’re requesting. They should ask those questions in writing so you know clearly what they are and so you can bring them to your healthcare provider and get clear written answers. And if your employer is asking questions and you don’t understand what the relevance of those questions is, you can say, “Hey, why do you need to know that?”
Likewise, you have a right to expect that: your employer is going to keep all of your private health information private; they’re not going to share your PHI with your co workers; they’re not going to post it publicly, obviously; but they’re going to keep it just to the people in HR who need to know, just to the lawyers who need to know – maybe there’s a medical advisor on their side who’s going to help them think about the accommodation.
So, I understand that you might have a little bit of anxiety, a little bit of trepidation about sharing the details of your disability with your employer. But that is, unfortunately, just the nature of asking for an accommodation. Your employer doesn’t have to ask you for your private health information, but they are allowed to do so because ultimately your employer is the one with the right to determine which accommodation to provide you.
DeMatteis: And remember, no matter what disability you have, you are protected under the law. So, if you need some help to perform your job, that’s why these laws like the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act are here: to allow you to work and to do your job in a way that is most comfortable for you and also meets the obligations that your employer needs to get the job done.
Thanks so much for watching. See you next time.