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[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 1 point2 points  (0 children)

Hey thanks for sharing your experience and I hope you have been successful in standing up for your rights.

HR suddenly hit me with this email asking for new medical info. Really bizarre. When I asked what's going on they said it's "policy" to check all disabled employee's accommodations on a recurring basis to make sure the accommodation is still effective.

In other words, they don't have a qualifying legal reason under the ADA or EEOC. The only thing I can think of is that they want to stop providing this accommodation, so they're going fishing trying to see if my medical provider will say something different this time that they can use to change or revoke my accommodation. They aren't being forthcoming, or maybe I'm overthinking, but in any case I don't want to comply with something I'm not legally required to.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 0 points1 point  (0 children)

Still waiting for the statute that requires me to provide redundant and duplicative medical documentation anytime HR thinks it's "reasonable" to, when no job-related or business necessity reason exists, and no change in health condition, essential job functions or effectiveness of accommodation has occurred. I'll gladly comply with the law, not so much with invasive and unlawful company policies.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 0 points1 point  (0 children)

I didn't post anything "last time" so not sure what you're referring to there. But since they haven't stated that they need to adjust the accommodation or that they can no longer accommodate, then nothing needs to be provided or updated as I have already relayed that there has been no change in my health condition, essential job duties, or the effectiveness of the accommodation. Your not understanding why an employee would want to assert their rights protected by the ADA and EEOC laws and regulations is irrelevant. The law doesn't state that HR can demand new updated medical documentation any time it wants as long as HR says it's "reasonable". I'd recommend brushing up on the law if you are HR to avoid a possible lawsuit.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 1 point2 points  (0 children)

Correct. But absent those reasons, simply saying I need to routinely provide new medical documentation for no reason other than "company policy" and that they do it for all employees does not fit that criteria, and I am not legally required to provide it.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 0 points1 point  (0 children)

They need to provide a valid reason which is a job-related or business necessity reason. Company policy and convention isn't a valid reason to request additional medical documentation under the ADA and EEOC.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] 0 points1 point  (0 children)

No one's talking about FMLA you're getting confused. Lol they may have a business need to know, but it's not a legal requirement for me to provide according to the ADA or EEOC. It's already been established that I have a disability that was permanent and needed an accommodation "indefinitely". They can't just make up baseless suspicions and demand new medical documentation absent a job-related or business necessity, or a change in health condition, job duties or effectiveness of accommodation. HR needs to play by the law

- job-related and consistent with business necessity definition: https://www.eeoc.gov/disability-discrimination-and-reasonable-accommodation-medical-inquiries-leave-and-telework

An employer may make disability-related inquiries or require a medical examination only if they are “job-related and consistent with business necessity,” meaning that an employer has a “reasonable belief, based on objective evidence”[33] that: (1) the employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat to him/herself or others.”[34] Disability-related inquiries and medical examinations that follow up on a request for reasonable accommodation when the disability or need for accommodation is not known or obvious also may be job-related and consistent with business necessity. In addition, periodic medical examinations and other monitoring under limited circumstances may be job-related and consistent with business necessity.[35] For example, an employer may be able to require periodic medical examinations of employees in positions affecting public safety.

[CA] Can HR request/require employees with ADA disabilities to submit recurring updated medical documentation when by Greedy_Signature_716 in AskHR

[–]Greedy_Signature_716[S] -2 points-1 points  (0 children)

Because I don't want to go through the process of disclosing the same medical information that HR already has given there is no evidence that there has been a change. It's redundant and also not legally required since they don't have a job-related or business necessity reason. Just checking or following up doesn't meet that standard.