All kinds of physical as well as mental disabilities require some kind of accommodation for those living with them to be able to do their jobs. Many of these disabilities don’t present the same way from day to day – or sometimes even throughout the day. A commonly used term for them is “dynamic disabilities.”
For example, multiple sclerosis (MS), arthritis and lupus are considered dynamic disabilities, as are other neurological, autoimmune and autoinflammatory conditions. Mental health conditions like depression and anxiety are typically dynamic as well. People who have them often have “good” days and “bad” days – even when taking their prescribed medications and getting the treatment they need.
An employee with a dynamic disability (like MS, for example) may find it more challenging to get the reasonable accommodations their employer has a duty under the law to provide, unless it causes an “undue hardship” for the business. An employer may not understand, for instance, why someone can walk seemingly just fine some days but needs a cane or cannot use the stairs on other days because of pain and mobility limitations.
What information can employers require?
They don’t have to understand. If they question an employee’s disability or need for reasonable accommodations, all an employee needs to provide is a letter or other documentation from their doctor explaining what accommodations their patient needs to do their job with their disability. They don’t need to provide private medical or health information.
Certainly, it’s best when an employer and employee can work together to find the accommodation(s) that will allow the employee to do their job effectively with as little cost and intrusion as possible.
No one should have to leave their job or suffer while they do it because an employer is unwilling to provide reasonable accommodations. That’s a form of employment discrimination. Getting experienced legal guidance can help employees protect their rights.