Securing Your Job: A Guide to Balancing Privacy & Accommodations Under the Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with cancer who have disabilities. This can include anything that will help the employee continue to perform their job duties or take time off work. If an employee asks for an accommodation, an employer may ask for medical information to determine eligibility, according to the official website of Triage Cancer on January 3, 2023.

However, many employees prefer to keep their medical information private. To ensure effective communication and honesty, it is helpful for employees to prepare before talking to their employer.

Under the ADA, if an impairment is not obvious to the employer, they have the right to ask for medical information that verifies both the impairment and the need for an accommodation, according to Triage Cancer. If the employee does not provide this information, the employer may deny the accommodation.

Medical information is documentation provided by a healthcare professional who is treating the employee. It certifies the need for an accommodation by explaining the employee’s impairment and how it affects their ability to perform their job duties. An employer is not entitled to an employee’s complete medical records.

A doctor is not the only professional who can provide medical documentation. Other licensed health professionals, such as psychologists, nurses, and physical therapists, can also provide this information.

There is no specific time frame for submitting medical verification under the ADA, but it is helpful to have a timeline for the accommodation process. If an accommodation request is denied, the employee may ask again. Triage Cancer, a national non-profit organization, offers free education on cancer-related legal and practical issues, including accommodations.