Legal Question in Disability Law in California

Employer asks for updated accomodation request

I requested 2 accomodations for my disability, 1 in 2006 and the other a year later. They were implemented without issue. Recently, HR gave me forms and asked that I have my doctor update the accommodation requests. forms included a release so that she could go directly to my doctor. I told HR nothing has changed and the conditions are for life. While waiting for the info, she denied the accommodations! I know I should probably just do it - but the ADA website seems to indicate that once they have sufficient information they cannot make additional inquiries. I also understand that I don't have to sign that full release either.

Help!


Asked on 7/19/09, 4:00 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employer asks for updated accomodation request

Employers are entitled to periodically verify current accommodation needs unless it is clearly obvious, however, they are not entitled to 'consult' with your doctors and obtain confidential info. You refuse to provide doctor's reports at your peril.

IF the employer violates the actual rules, and improperly denies accommodation, feel free to contact me to discuss your rights and remedies. I've been doing these cases for over 20 years.

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Answered on 7/19/09, 6:26 pm


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