Some disabilities – like paralysis or blindness – remain basically the same from day to day. Many, however, affect people very differently from one day to the next and sometimes from one hour to the next. The latter are referred to as “dynamic disabilities.”
These include a number of neurological, autoimmune and autoinflammatory conditions, including multiple sclerosis (MS), arthritis and lupus. Numerous mental health conditions, including depression and bipolar disorder, fall into this category as well.
People with dynamic disabilities often hesitate to ask for any kind of accommodation because they’d rather not call attention to something that on most days doesn’t affect their ability to work. Further, they might assume their employer won’t understand why they have mobility or other challenges on some days but not others.
Employee rights to reasonable accommodation
It’s important to know that employers are required to provide “reasonable accommodation” to employees with a disability or other medical condition to allow them to do their job unless they can show that it would cause “undue hardship” for the business. That hardship could be financial or operational.
It’s also crucial to know that employees don’t have to explain to their employers why they may be affected by a disability more on some days than others. It may help if an employee explains a bit about their condition if they feel comfortable doing so. However, an employer can’t refuse to give them a requested accommodation because they don’t understand why it’s necessary or they want more information.
What information can employers require?
An employer can ask for a letter from a doctor confirming that they have a medical condition or disability that requires them to have particular accommodations to do their job. That condition doesn’t need to be specified. Further, employers can’t require someone to take any medical tests or provide medical records that aren’t required of everyone else doing their job.
It’s generally best when employees can advocate for themselves and work with employers to get any reasonable accommodations they need. When an employer won’t do that or retaliates against an employee for seeking reasonable accommodations, it may be necessary to get legal guidance to protect their rights and their job.