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The ADA requires employers to treat any medical information obtained from a disability-related inquiry or medical examination (including medical information from voluntary health or wellness programs (9)), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record.
Under federal anti-discrimination laws, businesses can refuse service to any person for any reason, unless the business is discriminating against a protected class.
The ADA covers almost everyone with MS not only people who use wheelchairs. It covers every person with an impairment that substantially limits one or more major life activities.
There is no required procedure for employers to follow, or medical certification form that must be used to obtain medical information for ADA purposes. Also, there is no ADA-required time frame for employees to obtain medical information requested by an employer after a request for accommodation.
A federal law, the Americans with Disabilities Act (ADA), requires most business and facilities to provide reasonable access and accommodation for all disabled customers, clients, and members of the public. The ADA applies to almost all businesses that are open to the public, regardless of size.
Under the Americans with Disabilities Act (ADA), a place of public accommodation like many businesses that are open to the public cannot discriminate against a customer or visitor on the basis of the individual's disability in the access and enjoyment of the business.
The ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability).
The ADA does not provide employers with unfettered discretion to decide what is reasonable. An employer may not rescind an existing reasonable accommodation, unless there is a material change in circumstances that warrants it.
The good news is the ADA does not change this: you are always allowed to hire the most capable person. However, the ADA does limit what you can and can't ask a disabled applicant and requires you to accommodate their needs so long as they are reasonable.
According to the EEOC, there is no specific amount of time that employers have to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the ADA.