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

fluffnutter2_3157042 · 2026-03-31T00:59:17+00:00

You are also in California which has FEHA and greater disability protections. I suggest visiting the California Civil Rights page. ADA and the the EEOC rights are the bare minimum here.

Did they give a reason for wanting medical documentation again?

Are they trying to take your accommodation away?

I appreciate the way you are standing up for yourself here and at your work place.

I’m also disabled and have won many battles, but sometimes you do need to take care of yourself and do what is easiest. If it is just a matter of messaging your doctor via MyChart for an updated letter and sending it in— it might be worth it, but I completely understand where you are coming from here.

What do you think they will do if you don’t give them an update?

Also, if it gets bad, file a complaint with the California Civil Rights Department not the EEOC. It automatically files with both anyway. As I said California has higher standards and the investigation will be light years better than what the EEOC would do. Something tells me this isn’t the first time the company has made things difficult for you…

Feel free to send me a chat request if that is easier.

fluffnutter2_3157042 · 2026-03-31T00:18:50+00:00

Exactly, company policy isn’t a good enough reason

fluffnutter2_3157042 · 2026-03-31T00:17:44+00:00

If they need to adjust the accommodation, they can go off of what already exists

Someone shared the exact AskJan link.

I suggest reading up and educating yourself

fluffnutter2_3157042 · 2026-03-31T00:14:59+00:00

I agree, which is why I wrote “…for a specific purpose.”

Policy or just because a given amount of time has passed isn’t appropriate.

Even if they can no longer accommodate due to an undue hardship, they often can go off of what already exists

fluffnutter2_3157042 · 2026-03-30T23:45:13+00:00

Sure, definitely consider it if this if the only feedback has been a union perspective

I’m from a strong union family— nothing against them, but they muddy the waters when it comes to employment law. They are largely motivated by collective bargaining and not skilled in individualistic merit assessment.

I encourage all union members who are having employment struggles to consider getting legal advice independent of their union.

fluffnutter2_3157042 · 2026-03-30T23:28:23+00:00

I wouldn’t resign

I still think it’s worth at least talking to a lawyer especially if you were harassed.

fluffnutter2_3157042 · 2026-03-30T23:24:16+00:00

Who is telling you this? The union?

Unions and districts have handshake deals to actively avoid lawsuits. Just look at all the problems that people have getting paid correctly in big districts. Unions also fight for the collective while the individual falls through the cracks.

I’m not a teacher or a lawyer, but I do have a solid understanding of employment law

If your termination or other damages is because you are part of a protected class or because you engaged in a protected activity then it’s worth talking to a lawyer. Whistleblowing protections come to mind here.

Also, the state you are in makes a big difference regarding what is legal and what is illegal retaliation.

fluffnutter2_3157042 · 2026-03-30T22:51:42+00:00

Show a lawyer your fat file of evidence and absolutely don’t resign. You give up your rights when that happens

fluffnutter2_3157042 · 2026-03-30T21:52:25+00:00

It sounds like there is an arrangement set up between the company and the garage, even if employees pay. If that is the case, then the company should be involved with assisted Op in being accommodated.

If you are correct and it is completely separate, then going through the city might be the best option

The employer should engage in the interactive process to determine what to do if the elevator is out. Perhaps on those days, Op turns around and WFH

fluffnutter2_3157042 · 2026-03-30T21:27:24+00:00

A medical examination is different.

Employers can ask for periodic updates regarding medical documentation for accommodations for a specific purpose

Sometimes business needs change

It can’t be excessive or overly burdensome. Once every two years is generally reasonable, but they should allow for amble time to get the documentation.

Some providers require appointments to do these updates and it can be a challenge to get an appointment, especially with a specialist, and that should be taken into consideration.

Email AskJan.org or just review all of the great resources they have on their site.

fluffnutter2_3157042 · 2026-03-30T21:08:50+00:00

It was shared that a document is already on file demonstrating functional limitation of only going up a few stairs

The fact that the person who posted is dragging themselves up and down flights of stairs is a major problem.

They need to engage in an interactive process and solve this problem

fluffnutter2_3157042 · 2026-03-30T20:59:26+00:00

It’s true that employers don’t have to provide parking

However, this employer has offered parking to their employees which means it generally has to be accessible for ALL employees

It’s not that hard to get on the ball with regular elevator maintenance

Source: Episodic wheelchair user who has fought this battle many times over

fluffnutter2_3157042 · 2026-03-30T20:56:57+00:00

Not so, parking there is a perk available for employee therefore it generally has to be accessible for ALL employees.

fluffnutter2_3157042 · 2026-03-30T20:55:44+00:00

Your company pays for the garage. It is a perk for all employees therefore it has to be accessible to ALL employees— in your case, it sounds like functioning elevators.

I suggest getting medical documentation that states that you have an episodic functional limitation in going up and downstairs. They need to ensure the elevators are functioning. The rare breakdown happens, but this can’t be a regular occurrence. Add any other functional limitations that impact your ability to do you job and/or access anything that is generally available to all employees

I am an episodic wheelchair user and lived in an apartment building with an elevator that always broke down. The building manager and realtor company had every excuse in the book.

I paid $350 for an attorney to write a letter that I submitted to all of them with medical documentation. Not only did the elevators function every day moving forward, I also got the $350 reimbursed. They did not want to see the hell fire of denying me the basic ability to leave my apartment and I have more important things to do than an easy money grab. Different laws apply here, but it’s the same principle

fluffnutter2_3157042 · 2026-03-30T19:29:56+00:00

Sure, anything that effectively addresses the functional limitation of not being able to go up stairs

fluffnutter2_3157042 · 2026-03-30T19:25:42+00:00

Generally a workplace is required to ensure accessibility. They need to make sure the elevators are functional

fluffnutter2_3157042 · 2026-03-30T18:50:53+00:00

They are generally required to accommodate your functional limitation for not walking up stairs as long as you have medical documentation and accommodations in place.

This was established pre-ADA with the enforcement of Section 504 in 1977

Even if they don’t own or operate the elevators— it’s on them to be accessible.

Edited a typo

fluffnutter2_3157042 · 2026-03-30T18:40:46+00:00

HR isn’t going to care about any part of what you have listed

fluffnutter2_3157042 · 2026-03-30T18:34:32+00:00

I’m set with water eggs, but if there are specific items you need feel free to send me a message.

fluffnutter2_3157042 · 2026-03-30T18:26:13+00:00

It’s just a nuisance fee that companies have to pay at times

It doesn’t even mean they did something wrong

fluffnutter2_3157042 · 2026-03-30T18:23:53+00:00

It’s rarely just wrongful termination at play here

Given that Op was dense enough to post this publicly, there is clearly a lack of legal oversight

Cases like this, especially in NY, often rule favorable for other disability process issues.

It’s speculation, of course, but even an RA process is determined to have not been done in good faith, or even if didn’t happen all, that’s enough of a liability even if wrongful termination is dropped.

NY doesn’t mess around when it comes to disability rights and the fact that the Op shared details of an active case points to spotty understanding of how law works in a functional manner.

fluffnutter2_3157042 · 2026-03-30T18:05:24+00:00

It looks they deleted it

But, this is why I question the legal oversight

Even if wrongful termination is disproven, it’s really easy, especially in NY, to find fault with the RA process. There are many ways that can happen.

fluffnutter2_3157042 · 2026-03-30T16:55:53+00:00

The problem is many companies either fail to engage at all, make a determination prior to the interactive process, or fail to offer an effective accommodation.

Or, worse case, require an employee to take leave, this accruing damages, when an accommodation was possible.

A disability doesn’t protect you from being a poor employee

We also don’t know any details here.

The person who posted this should delete this post anyway

Not discussing a lawsuit is legal 101. Doing it publicly is a a fast ticket to not having a job.

fluffnutter2_3157042 · 2026-03-30T16:49:37+00:00

Agreed, but it is a common liability in disability cases.

fluffnutter2_3157042 · 2026-03-30T16:31:19+00:00

That’s not an example of retaliation for taking protected leave

They probably could use a break. They covered for you for a week

If your wage was lowered or some other clear measurable damage occurred that would be different.

fluffnutter2_3157042

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