| Issue: |
Travis, a data entry clerk, has recently been making numerous errors when entering information into the computer system. For example, he seems to be confusing 1, 7, and 9. You’ve noticed him rubbing his eyes frequently and looking more closely at both his computer screen and the printed materials. You suspect his performance problems could be health-related. Is it ok to ask if he’s got a medical problem? |
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Answer: |
In this instance, yes. You have a reasonable belief that Travis’ performance problems are related to a medical condition (i.e., an eye problem). The Americans with Disabilities Act strictly limits the circumstances under which an employer may ask questions about an employee’s medical condition or require the employee to undergo a medical examination. Generally, however, an employer may ask an employee for medical information if the employer has a reason to believe that (1) there is a medical explanation for some change in the employee’s job performance; or (2) the employee’s medical condition may pose a direct threat to safety.
You must keep in mind that poor job performance is often unrelated to a medical condition and, therefore, should generally be handled in accordance with an employer’s existing policies concerning performance.
Source: EEOC Guidance: “Questions and Answers on Blindness and Vision Impairments and the ADA,” reported IN CCH ACCOMMODATING DISABILITIES BUSINESS MANAGEMENT GUIDE ¶90,062.
Cite: EEOC Guidance: “Questions and Answers on Blindness and Vision Impairments and the ADA,” reported in Accommodating Disabilities Business Management Guide, New Developments ¶90,062. |
