At Romero Law, APC, our experienced Pasadena disability discrimination attorneys know in many cases, it is completely legal for California employers to ask an employee for proof of their disability before granting a request for reasonable accommodations.
In some cases, however. It is not.
Here is what employees need to know about the difference between obvious disabilities and requests for reasonable accommodations.
When Is It Illegal to Ask a California Employee About a Disability?
If your disability is obvious, and your employer knows about it — or reasonably should have known about it — they are not supposed to ask about the disability or how it impacts your ability to do your job.
Obvious disabilities are those that are apparent or visible, like using a wheelchair. Conversely, disabilities like diabetes or hearing trouble are not visible.
If your disability is not apparent to your employer, they may legally ask you for documentation about the severity of your injury and how it impacts your ability to work.
Are You Required to Provide Proof of Your Disability to Request Reasonable Accommodations?
California employees are not legally required to provide any proof of a disability — either temporary or permanent — to their employer.
If your disability is not obvious, however, the employer can ask for proof of its existence.
That may include requesting documentation to establish that you have a disability that is protected by the Americans with Disabilities Act.
If you fail to provide documentation from an appropriate healthcare or rehabilitation professional to support your need for reasonable accommodations, the employer can legally turn down your request.
If you believe your employer is overstepping the legal line regarding your disability, or that you are being discriminated against for having a disability, our skilled employment lawyers in Pasadena can help you understand your rights.
Contact Our Skilled Disability Discrimination Attorneys in Pasadena, California Today
If you are suffering from disability discrimination in the workplace, or are being denied reasonable accommodations for your disability, contact our experienced Pasadena disability discrimination attorneys to discuss your unique workplace circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.