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?”
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:
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.
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:
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.
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.
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:
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.
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.