Montana Request for Medical Status Evaluation Under ADA
Description
How to fill out Request For Medical Status Evaluation Under ADA?
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FAQ
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 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).
An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
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.
An employer may ask if you can perform the essential functions of the job, with or without accommodations, but it is against the law to directly ask if you have any disabilities. Instead, it is up to you, the employee, whether or not to give this information.
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.
A violation can occur when job postings discourage individuals with disabilities from applying, exclude them, or deny a qualified individual employment because of their disability. It is an ADA violation for any employer to demote, terminate, harass, or fail to provide reasonable accommodations to disabled employees.
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.
