Workplace accommodation issues under the Americans with Disabilities Act (ADA) can be tricky to navigate especially if the employee’s supporting medical documentation is insufficient. For example, in , the employee met with his supervisor to request several workplace accommodations explaining that he had been “dealing with some medical issues” and provided the supervisor with a note from his psychotherapist (dated six years earlier) that mentioned he had been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).
This often occurs in situations where the medical documentation only lists the medical condition but does not specify how it relates to a requested workplace accommodation or the health care professional does not have the expertise to issue an opinion on the medical condition. In response, the supervisor informed the employee that he would need more recent medical documentation regarding the employee’s medical issues in order to assist the employee.
This article provides guidance on the reasonable accommodation process and recommendations for minimizing exposure to ADA claims.
It is incumbent upon the employer to promptly communicate to the employee that the medical documentation is insufficient and allow the employee a reasonable amount of time to provide proper documentation.The ADA was passed by Congress in 1990 as Public Law 101-336, and signed into law by President George H. Therefore, as of 2009, significant changes in the law have taken place with respect to employment rights under the ADA. 471 (1999), the United States Supreme Court held that mitigating measures should be used when determining whether an individual was substantially limited in one or more major life activities.In particular, the ADA-AA now expressly defines the terms major life activities and substantially limits, which it had previously left undefined and for interpretation by either the courts or the U. Equal Employment Opportunity Commission through administrative regulation. In rejecting this holding from Sutton, the ADA-AA now expressly rejects the mitigating measures case law that followed Sutton in almost all circumstances.This definition was broadened so it could better include conditions that were largely untreated before.Disabilities can be either continuous or episodic in nature.