Most people know that employers are required to provide “reasonable accommodation” to employees with disabilities or medical conditions so that they can do their jobs. By “reasonable,” the law means an accommodation that can be made without causing “undue hardship” to the employer.
Too many people are hesitant to make these requests or fear they’ll be denied because they have what’s commonly referred to as a “dynamic disability.” That essentially just means that it doesn’t consistently affect them the same way. They may have good days and bad days or “flare-ups,” for example.
Conditions like multiple sclerosis (MS), as well as lupus, arthritis and other neurological and autoimmune disorders, are often considered dynamic disabilities. Many mental health conditions, like bipolar disorder and depression, can be highly dynamic as well.
Employers have just as much responsibility to provide reasonable accommodation to those whose condition can vary from one day to the next as they do to someone whose condition is static – for example, someone who is blind, deaf or permanently paralyzed.
How much information can an employer require?
Employees aren’t required to provide details about their disability when they seek reasonable accommodation. However, it can help to let an employer know that they can’t predict when they’ll need the requested accommodation. For example, a person with MS may need to use a cane some days but not others. They may have days when they can’t walk at all.
An employer does have the right to confirmation from a doctor of an employee’s legitimate need for specific accommodations. They’re not required to name the condition or go into any detail about it. However, it may help if they note the dynamic nature of the condition.
Every situation is highly unique. That’s why employees must know their rights as well as what information a prospective or current employer can require.
It’s typically best when employees and employers can work together to find a solution that is reasonable for everyone. If an employer refuses to do that, retaliates against an employee for seeking reasonable accommodation or allows or participates in discriminatory behavior based on a person’s disability or medical condition, it may be necessary to get legal guidance to determine the best course of action.