Is it discriminatory to ask for information and evidence about a persons disability?
No, if the inquiry is reasonably intended for the purpose of providing equal opportunity or particular services required as a result of a person’s disability.Actions which are reasonably intended to provide equal opportunity to people with a disability or to persons with a particular disability are permitted by the DDA (section 45). In the Commission’s view this provision clearly applies to inquiries, examinations or actions which are reasonably intended for the purpose of determining need and eligibility for, nature of and possibility of making any reasonable adjustment required.