QUESTION
Asking for more medical information
Asked on Jun 03rd, 2014 on Labor and Employment - Georgia
More details to this question:
Can an employer ask for medical documentation for a disability in which you are not asking to be reasonable accommodated? Background: I am a 100% Service-Connected Disabled Veteran and I am employed with the Department of Army. I recently requested, again, reasonable accommodations. I was granted all but one of those accommodations. Yesterday, in a face-to-face meeting between my supervisor and I, she handed me a letter which asked for information as found in 5 CFR 339.104. I have already given them letters from my health care provider stating the diagnoses, prognoses, that I am no threat, and that I can do my job. In the same face-to-face meeting she also asked about my Formal EEO Complaint on the same topic in which part of my complaint is that the Chief of our division pull the rug off from under my feet when she took away those accommodations (I have two emails showing such).
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
Yes the employer may ask for the information. The fact that the Defense Department rated you as 100% Service -Connected disabled person, does not mean your employer has to accept that. It has the right to make its own independent evaluation, based on its consultation with its medical advisors.
On the other hand, they have no right to make any adverse employment decision affecting you if that decision is based on (1) the fact that you are disabled (if you are qualified to perform the essential job functions of the position you are seeking to hold or retain); or based on(2) the fact that you filed an EEO complaint after they withdrew an accommodation they previously made.
I hope that is helpful for you. Thank you for your service to our country.
Michael A. Caldwell
Answered on Jun 04th, 2014 at 3:33 PM