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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.
This questionnaire is part of an interactive process that is necessary in order to determine if your patient (our employee) has a disability recognized under the Americans With Disabilities Act, and, if so, what, if any, reasonable accommodation(s) are necessary and can be made that would enable your patient to perform
How to Handle an Employee's Request for an ADA AccommodationStep 1: Determine Whether the Employer Is Covered by the ADA.Step 2: Ensure a Policy and Procedure Exist for Handling Accommodation Requests.Step 3: Determine Whether the Employee with a Disability Is "Qualified"Step 4: Initiate the Interactive Process.More items...
There are various reasons why an employer may choose to deny an accommodation request made under the ADA. It is possible that by asking about your employer's reasons, you might be empowered to change the outcome of the situation.
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.
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.
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.
Dear Mr./Ms. (Contact at Human Resources Department): I work at (Company Name) as a (Your Job Title) and have been in this position since (Date). I am writing to request that you provide (list accommodation needed here) as a reasonable accommodation under the ADA.
Dear Mr./Ms. (Contact at Human Resources Department): I work at (Company Name) as a (Your Job Title) and have been in this position since (Date). I am writing to request that you provide (list accommodation needed here) as a reasonable accommodation under the ADA.
Examples of reasonable accommodations include making existing facilities accessible; job restructuring; part-time or modified work schedules; acquiring or modifying equipment; changing tests, training materials, or policies; providing qualified readers or interpreters; and reassignment to a vacant position.