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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience:  Assisting employees and employers for over 14 years.
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I am an employer in Colorado and have an employee with a non-work

Resolved Question:

I am an employer in Colorado and have an employee with a non-work related condition and restrictions from their doctor. Can I have an Occ Med doctor give us a second opion as to the level of there restriction?
Submitted: 2 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

Please clarify: is the employee asking for a reasonable accommodation under the ADA?
Customer: replied 2 years ago.

No - this person went to their family doctor and got a perminent restriction that prevents them from excessing standing and wants transferred to another machine. It is not a disablility per the federal definition.

 

Expert:  JB Umphrey replied 2 years ago.
Thank you.

You may be interested to know that standing is considered to be a major life activity under the ADA regulations. 29 C.F.R. pt. 1630.2(i)(1)(i).

If the employee is requesting a reasonable accommodation under the ADA, yes, the employer can have the employee undergo an independent medical examination for a second opinion (at the employer's request) if the information supplied by the employee's doctor is incomplete.

According to the Equal Employment Opportunity Commission, the employer should explain why the documentation is insufficient and allow the individual an opportunity to provide the missing information in a timely manner. Additionally, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation.

You may find the EEOC's page on this matter to be informative: http://www.eeoc.gov/policy/docs/guidance-inquiries.html

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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Customer: replied 2 years ago.

I see - We let the employees sit and stand at there convienience at the work station. They have to step up on a step stool from time to time and this is a restricted issue.

 

Expert:  JB Umphrey replied 2 years ago.
Is there any other legal information that you are seeking?
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20231
Experience: Assisting employees and employers for over 14 years.
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