Inquiries Concerning Disability
The Title II regulations do not address inquiries concerning disability the way the Title I employment regulations do. Title I permits employers to make disability-related inquiries or require a medical examination if such are “job-related and consistent with business necessity.” For example if an employee with a non-apparent disability requests a reasonable accommodation, an employer may require medical information that indicates the employee has an ADA disability and needs what is being requested.
Although the regulations don’t address this issue, the Department of Justice’s ADA Title II Technical Assistance Manual states that a public entity should not make “unnecessary inquiries” concerning disability. Turn this around and it means that “necessary” inquiries are permitted. It’s up to each public entity to determine what information is “necessary.”
Examples
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A state agency has a traumatic brain injury program. The eligibility requirements include a documented diagnosis of moderate to severe brain injury resulting in residual deficits and disability. This is permitted to establish eligibility.
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A municipal recreation department summer camp requires parents to fill out a questionnaire and to submit medical documentation regarding their children's ability to participate in camp activities. The questionnaire is acceptable if the information is needed to ensure safe participation.
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