Many people who have disabilities and chronic medical conditions don’t experience the same symptoms – or experience them as severely — from one day to the next. An increasingly used term is “dynamic disabilities.”
Many neurological, autoimmune and autoinflammatory conditions are considered dynamic disabilities. Multiple sclerosis (MS), arthritis and lupus are some common examples. Mental health conditions like depression can also be considered dynamic because they don’t affect people to the same degree every day.
Employers’ responsibilities to those with dynamic disabilities
Employers have a legal duty to provide “reasonable accommodation” to employees as long as it won’t cause “undue hardship” for the business. For example, an employer isn’t required to provide an accommodation they can’t afford (like installing an elevator) or one that would upend their operations or significantly inconvenience other employees.
It’s typically best when an employer can work with an employee who needs a reasonable accommodation to find an alternative that will allow the employee to perform the functions required of their job.
Employees with dynamic disabilities often find it challenging to seek reasonable accommodation. Managers and Human Resources personnel may not understand why an employee can use the stairs some days but not others, for example.
How much information can an employer require?
Employees aren’t required to identify or explain their condition to their employer if they don’t want to. Their employer may, however, require them to provide documentation from a doctor that they have a medical condition or disability that requires them to have certain accommodations to do their job. Employers do not have a right to require employees to take any medical tests or to provide medical records unless these things are required of everyone in their job.
As noted, it’s best when employers and employees can work together to get the necessary accommodations. When an employer isn’t willing to do that, it may be considered a form of employment discrimination. Getting legal guidance can help determine how best to proceed.