Organizations accommodating people with disabilities
At other times, an employer may ask for medical information when it has received reliable information from someone else (for example, a family member or co-worker) indicating that the employee may have a medical condition that is causing performance problems.Often, however, poor job performance is unrelated to a medical condition and generally should be handled in accordance with an employer's existing policies concerning performance.In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA.Some of these state laws may apply to smaller employers and may provide protections in addition to those available under the ADA. This document, which is one of a series of question-and-answer documents addressing particular disabilities in the workplace, An intellectual disability (formerly termed mental retardation) is a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior that affect many everyday social and practical skills.Permissible follow-up questions at this stage differ from those at the pre-offer stage when an employer only may ask an applicant who voluntarily discloses a disability whether she needs an accommodation to perform the job and what type.An employer may not withdraw an offer from an applicant with an intellectual disability if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat (that is, a significant risk of substantial harm) to the health or safety of himself or others that cannot be eliminated or reduced through reasonable accommodation.
After making a job offer, an employer may ask questions about the applicant's health (including questions about the applicant's disability) and may require a medical examination, as long as all applicants for the same type of job are treated equally (that is, all applicants are asked the same questions and required to take the same examination).Once an employee is on the job, his actual performance is the best measure of ability to do the job. When may an employer ask an employee whether her intellectual disability, or some other medical condition, may be causing her performance problems?Generally, an employer may ask disability-related questions or require an employee to have a medical examination when it knows about a particular employee's medical condition, has observed performance problems, and reasonably believes that the problems are related to a medical condition.When an applicant discloses after receiving a conditional job offer that she has an intellectual disability, an employer may ask the applicant questions about the extent of her disability.The employer also may ask the applicant to submit documentation from an appropriate professional answering questions specifically designed to assess her ability to perform the job's functions safely.
Additionally, where an employer reasonably believes that the applicant's known (that is, obvious or disclosed) intellectual disability may interfere with or prevent the performance of a job-related function, the employer may ask the applicant to describe or demonstrate how, with or without reasonable accommodation, she will be able to perform that function. May an employer ask any follow-up questions if it is obvious that an applicant has an intellectual disability or an applicant voluntarily reveals that she has an intellectual disability?