Asking for medical documentation during an employee’s cancer treatment


Issue:

Amy is a reporter who has been on leave for eight months receiving experimental treatment for non-aggressive lung cancer. She has notified your office that she will be ready to return to work in two weeks but will need to continue her treatment for four more months. Her job requires frequent, short-notice travel and you want more than her word that she’s physically able to return to work. Can you ask for a doctor’s note without violating the Americans with Disabilities Act?

Answer:    

Yes. According to the EEOC, an employer may ask for medical information if the employer believes that an employee may be unable to perform her job or may pose a direct threat to herself or others. However, an employer may obtain only the information needed to make an assessment of the employee’s present ability to perform her job and to do so safely. In Amy’s case, because her job as a reporter frequently requires her to travel nationally and internationally on short notice, her employer may ask her to provide a doctor’s note or other documentation indicating whether she can travel during the next four months and, if so, how long she can be away.

Source: EEOC Fact Sheet: “Questions and Answers on Cancer in the Workplace and the ADA,” reported in Accommodating Disabilities Business Management Guide, New Developments at ¶90,060.

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