May an employer routinely ask for medical information from an employee known to have an intellectual disability if the employee has performance problems?
No. Poor job performance may be unrelated to an intellectual disability and should generally be dealt with according to an employer’s existing quality performance policy. Medical information can be sought only when an employer has a reasonable belief, based on objective evidence, that a medical condition may be the cause of the employee’s performance problems. Example: A bathroom attendant with an intellectual disability and Attention Deficit Disorder who has performed his job successfully for five years starts to show up to work late and appears anxious and emotional. The supervisor observed these changes soon after the employee moved into his brother’s house. The supervisor can ask the employee why his performance has declined and may explore ways to improve his performance. However, the supervisor may not ask him questions about his intellectual disability unless there is objective evidence that his poor performance is related to his disability.
Related Questions
- May an employer apply the same quantitative and qualitative requirements for performance of essential functions to an employee with a disability that it applies to employees without disabilities?
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