Despite our best efforts, when employers forego the law and neglect the rights of their employees, there is little we may feel we could do. Thankfully, there are options available to you if you feel that your rights have been violated. When a Chattanooga employer can ask about a disability, they are ideally doing so in the best interests of the employee and company. However, this is not always the case. An attorney could help you if you feel that an employer has neglected your rights and discriminated against you because of a disability.
When an Employer May ask Applicants about Disabilities or Medical History
There are circumstances in which employers may legally ask applicants about their disability or their medical history. That is part of the interactive process. If an employee requests an accommodation for a disability, the employer is required to initiate this interactive process involving a give-and-take dynamic. The employer and the employee then work together to agree upon an accommodation. A part of the process allows the employer to ask questions and gather information about what exactly is the employee’s disability and what exactly is the accommodation the employee needs.
The employer is not required to just take what the employee says about an injury and illness at face value. The employer is entitled to medical documentation of the injury. So, if an employee comes and requests an accommodation, the employer is allowed to ask for a doctor’s note or request that the doctor fill out a form. Similarly, an employer could require an employee to go to a doctor chosen by the employer for purposes of that evaluation.
It is important in these cases for an employee who is seeking an accommodation to act fast and be punctual once that interactive process begins. When an employer requests a doctor’s note, the employee should work to get that doctor’s note as quickly as possible. There are cases where the employee drops off the form with the physician and sometimes the physician does not complete it for two weeks. That delay could get employees in trouble in these types of Chattanooga workplace discrimination cases. It is the employee’s responsibility to do stuff in a timely and punctual way. Employees seeking a doctor’s note should not leave the doctor’s office without the form and then make sure it gets in the appropriate HR representative’s hands.
Employment Requirements and Medical Conditions
Employers in Chattanooga may legally make answering certain medical conditions or passing a medical exam conditions of employment. An employer is generally not supposed to ask about an employee’s medical conditions during the pre-employment interview but, after the employee has been hired, the employer could ask about medical conditions to make sure the employee is qualified to do the job. The questions cannot be broad and have to be tailored to that specific job. For example, applicants might not be able to be truck drivers if they need to sleep every three hours. If an employer asks questions about that, then it would go towards a real requirement of the position.
Sometimes, an employer learns about an employee’s medical condition through the course of the employment and the employer could investigate to determine whether the employee is able to still do the job. For example, if an employee told their supervisor or told their boss about a heart attack, the employer could then request a note from the doctor saying that the employee is allowed to work in this position and that it is not going to cause too much stress physically or mentally. They would engage in the interactive process and the employee would be required to get that medical documentation. However, if discrimination is suspected on the part of the employer, Chattanooga victims should contact an attorney quickly to start building a case as early as possible.
Reaching Out to an Attorney Could Help
Living with a disability of any kind presents challenges few are aware of. However, no matter the type of disability, you have rights that ensure you are not discriminated against. If you suspect that your employer has not treated you fairly or has ignored your rights, you may need to contact an attorney. There are rules and regulations that govern when a Chattanooga employer can ask about a disability, and when employers violate these rules, they disregard your rights. Do not wait to contact a legal representative who could fight to protect your rights. Call today.
