Posts Tagged ‘medical evidence’

No medical report means no accommodation

I’m proud to be an Okie from Muskogee — “Okie from Muskogee” by Merle Haggard and Roy Edward Burris (1969) Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on…

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The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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