On July 26, 2024, the EEOC announced it had resolved an ongoing lawsuit against Walmart involving claims of disability discrimination and retaliation. Walmart agreed to a $75,000 monetary payment and a two-year consent decree. The case arose after an employee experienced severe pain relating to her disability causing her to take intermittent leave. When the employee requested to return to work, Walmart refused unless she provided a full medical release stating she could work without restrictions. The employee subsequently made an internal complaint, and Walmart fired her nine days later.
Putting the retaliation claim aside, what medical documentation can employers require of employees who have requested an accommodation based on a disability? The EEOC’s enforcement guidelines state that once an employee has requested a reasonable accommodation for a disability, an employer may ask for medical documentation showing the employee has a disability that requires the accommodation. In the EEOC case that settled, Walmart did something different by requiring a medical release stating the employee needed no accommodation. Walmart’s requirement essentially required the employee to be able to return to work without her disability-related needs, which constitutes discrimination under the ADA.
Regardless of what documentation employers are allowed to request once they have received a request for a reasonable accommodation, keep in mind that options are more limited at different stages of employment.
- Prior to making an employment offer, employers are prohibited from making any disability-related inquiries or requiring medical examinations of job applicants, even if those inquiries and examinations are related to the job.
- After extending a conditional job offer and prior to the applicant beginning their employment, employers are permitted to make disability-related inquiries and conduct medical examinations of applicants. These examinations need not be related to the job, so long as the employer requires them for all new employees in the same job category.
- After an employee begins working, the employer may make disability-related inquiries and require medical examinations only if they are job related and consistent with business necessity.
https://www.eeoc.gov/newsroom/walmart-agrees-pay-75000-eeoc-disability-discrimination-suit