Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA

May an employer have an employee who is requesting a reasonable accommodation examined by its own health care provider? (Question 11)

• In some instances, yes. If the employer has explained what type of documentation is needed, and the employee fails to provide it or provides insufficient documentation, the employer may require the employee to see a health care professional of the employer's choice.
• Even where an employee initially provides insufficient documentation, however, the employer should consider asking the employee's health care provider for additional information before requiring an examination by the employer's health care professional. This is because an employee's health care provider frequently is in the best position to provide information about the employee's limitations.