What should an employer do if an employee requests a medical accommodation but does not have any documentation?

The EEOC's guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act provides an alternative to requesting documentation regarding an employee's disability and need for accommodation. An employer can have a conversation with the employee regarding the nature of the disability and the types of limitations that the disability may impose on the employee's ability to perform the essential functions of the job. The point of the conversation should be to help the employee articulate the need for an accommodation rather than attempt to rule out the need to provide an accommodation.

This approach can help an employer avoid a situation where the employee can complain that the request for a reasonable accommodation led to unlawful retaliation rather than a good faith effort to accommodate. During the interactive process, the employer may ask the individual relevant questions that will enable the employer to make an assessment about the request, including what type of reasonable accommodation is needed.

When the disability and/or the need for accommodation is not obvious, the employer also may ask the individual for reasonable documentation about his or her disability and functional limitations. Although the EEOC guidance does indicate that if the employee "refuses to provide the reasonable documentation requested by the employer, then s/he is not entitled to reasonable accommodation," an employer will still want to be cautious. Documenting the interactive process (i.e., actions by the employer, including conversations with the employee), as well obtaining legal advice is advisable before denying accommodations.

An employers should also consult with a legal counsel prior to contacting an employee's doctor directly for information regarding an employee's disability and/or need for an accommodation at work as the EEOC does not provide guidance indicating this is an acceptable practice.