A. It is illegal to share confidential information about an employee s disability, medical condition or accommodation (indicating a disability) without the permission of the employee, with the exception of those who need to know on a business necessity basis. Only the person providing or approving the accommodations, those in charge of safety and risk procedures, or those responsible for Equal Opportunity or Affirmative Action need to know.
All information about disability and accommodations must be kept separate from personnel files. Coworkers who question why one employee gets to come in later or has cubicle walls installed are not entitled to know that these are accommodations or are due to a disabling condition. One complication is that many of the simple accommodations that work for someone with a mental illness are things that many employees may wish to have themselves.
Employers can respond to such comments by stating that they are following employment laws (as suggested in ... more.
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