Can An Employer Ask for Proof of Disability in California?

Frank S. Clowney III

Interviewing for a job can be a stressful experience. Once you actually get the job, working in certain places can be just as stressful, if not more so. If you are dealing with a disability, the entire experience can be hard to deal with, especially if you are dealing with people who appear to be somewhat prejudiced against your disability if it’s obvious or inquisitive about whether or not you have one. You may wonder, “Can an employer ask for proof of disability in California?”

Can an Employer Ask for Proof of Disability in California?

An employer cannot legally ask for proof of a disability in California, and to do so opens them up to a possible workplace discrimination suit. It is entirely up to you whether you choose to disclose your disability or not. Your employer cannot make you do it.

If you have a disability, you are protected under the Americans with Disabilities Act (ADA), which protects people with disabilities from discrimination. If you wish to disclose your disability for your own reasons, feel free to do so. Doing so can make it easier to request reasonable accommodations or access certain benefits.

According to the Equal Employment Opportunity Commission (EEOC), a person is considered disabled if they meet three distinct criteria:

  • They have a physical or mental condition that limits a part of their life by a substantial amount. This can include bodily functions such as walking, talking, seeing, or otherwise.
  • They have a documented history of disability.
  • They are dealing with an adverse employment action due to a mental or physical impairment that the individual has or is thought to have.

Disabilities do not have to be permanent conditions to be considered disabilities. Some medical conditions may be temporary, but they still impair one’s daily activities.

Types of Disability Discrimination in the Workplace

There are many different types of discrimination in the workplace, including disability discrimination. Here are some examples of the different kinds of discrimination someone with a disability may experience in the workplace:

  • Direct Discrimination: Direct discrimination occurs when someone is put at a significant disadvantage or treated less than an equal because of their disability. This can include losing out on a job opportunity for the sole reason that you are disabled, even though you qualify for the position or promotion. This kind of discrimination can happen to someone because they’re disabled or even if they know someone who is disabled.
  • Indirect Discrimination: Indirect discrimination is when a policy that affects everyone in the workplace affects a disabled person differently and puts them at a disadvantage. For example, if someone is diabetic and requires snacks between meals to manage their condition, but the workplace has a strict “no snack” policy and will not make an exception for that employee, that is indirect discrimination.
  • Discrimination Arising from Disability: Discrimination arising from disability is when a disabled person is discriminated against not because of their disability but because of something that results from that disability. For example, discriminating against a blind employee because you don’t like that they have a service dog or discriminating against an employee for being absent often due to their need to make frequent doctor appointments.

FAQs

Q: Do You Have to Disclose a Disability to an Employer in California?

A: No, you do not have to disclose your disability to your employer or any prospective employer in California. You are protected by the Americans with Disabilities Act (ADA), and it is entirely up to you whether or not you wish to disclose the fact that you have a disability with your employer. Doing so may make it easier for you to request reasonable accommodations or access certain benefits, but you should not be pressured into doing so.

Q: Can Someone Ask for Proof of Disability?

A: No, someone in your workplace, including your supervisor, cannot ask you for proof that you have a disability. California labor laws make it illegal to do so. If an employer ever tries to force you to prove that you have a disability, it opens them up to a possible labor violation and subsequent discrimination lawsuit. In some situations, such as requesting reasonable accommodations, your employer may be allowed to ask for certain documentation.

Q: What Questions Can an Employer Ask About a Disability?

A: An employer can ask certain questions about a prospective employee’s ability to perform the job they are interviewing for or being promoted for. However, they cannot ask outright whether or not the employee has a disability. Some questions to ask would be:

  • Can you perform the necessary job functions?
  • How would you perform the job functions?
  • What education, skills, and training do you have that qualifies you for this job?

Q: Can Your Boss Ask What Your Disability Is?

A: Under the requirements of the Americans with Disabilities Act, your boss cannot ask you what your disability is. Doing so would open them up to a potential disability discrimination lawsuit. You do not have to disclose any private medical information that you do not wish to disclose. It is entirely up to you to decide if you want to let your workplace know about your disability. If you ever feel pressured to disclose, contact a discrimination lawyer.

Reach Out to a Disability Discrimination Lawyer Today

Working with a disability can be a difficult thing to have to deal with on a daily basis. It can be even more difficult when your employer tries to force you to disclose your disability status, especially if they try to pressure you or blackmail you to do so. If you feel like you are being taken advantage of in any way, you may want to reach out to a workplace discrimination lawyer and see what your options may be for making a case against your employer.

The legal team at The Law Office of Frank S. Clowney III knows what kind of help you need. We are prepared to help you take on your employer and develop a case against them for discrimination. We can also just answer any questions you may have about your situation. Contact us to schedule a consultation with one of our valued team members and learn more about how we can help you and your case.