Medical Records and Disability Accommodations: A Guide for Employers in California
There are federal and state laws in place to protect disabled job applicants and employees. An employer in California may be required to provide reasonable accommodation for a qualified disabled worker who can perform the essential functions of a job position. Employers can request medical records from employees who are seeking a reasonable accommodation—but there are certain rules that they must follow when doing so. Here, our California employment attorney provides a guide to medical records and disability accommodations for employers.
Know the Law: Reasonable Accommodations Under the ADA and FEHA
As a starting point, it is useful for businesses and organizations in California to understand the law:
- Federal Law: The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified disabled workers. It applies to employers with 15 or more employees.
- State Law: The California Fair Employment and Housing Act (FEHA) also requires employers to make reasonable accommodations for disabled workers. However, FEHA applies to employers with five or more employees.
An Employer May Request Relevant Medical Records
An employer in California can seek medical records from an employee who requests a reasonable accommodation. Here are two key requirements that employers must keep in mind:
- Non-Obvious Disability: Unnecessary requests for medical records are considered bad faith. If an employee has an obvious disability—such as being in a wheelchair—a request for medical records to prove that fact would be inappropriate.
- Relevant Information: Employers cannot seek full medical records from an employee. An employer may only seek information that is relevant to verify the nature and scope of the disability in relation to the employee’s essential job duties.
The Requirement for Sufficient Documentation in California
An employer request for medical records in relation to an employee’s reasonable accommodation may only be to seek documentation that is “sufficient” to establish the scope of the need. Medical records are sufficient if they include the following three things:
- A description of the nature, severity, and duration of the impairment;
- A description of activities that the impairment limits; and
- Substantiation of the need for reasonable accommodation.
Additional requests for medical records, once the sufficiency for a reasonable accommodation has been satisfied, could constitute disability discrimination under the ADA or FEHA.
Employers Must Preserve Confidentiality of Any Requested Medical Records
Employers are legally obligated to preserve the confidentiality of any medical records they request for accommodation purposes. Employers must store these documents securely and in an area accessed only by authorized personnel who are actually involved in the accommodation process. Violations of this privacy regarding employee medical records can lead to serious legal problems for an employer.
Contact Our California Employment Attorney Today
At Sloat Law Group, our California employment attorney is standing by, ready to protect you from legal liability. We work with employers to help them find the best solution for their specific situation. Call us now or contact us online for a completely confidential case review. Our firm works with employers in Riverside County and all across California.
Source:
dor.ca.gov/Home/FairEmploymentAct
