Disability Without Documentation

Disability exists regardless of whether a doctor has confirmed its existence. Yet in the American workplace, employees are not disabled, or entitled to reasonable accommodations, until says so. This Article challenges assumption that requests for accommodations must be supported by medical proof disability. It proposes an accommodation process accepts individual’s assessment their disability and defers preferences. A documentation-free model is alien employment law. In evaluating religious employers, courts, take hands-off approach employees’ representations beliefs sincere. deserves same deference. also contributes novel analysis agency guidance, exploring how support documentation requirements conflicts with legislative intent Disabilities Act’s rejection disability. Documenting price. requires access affordable healthcare relationship provider willing confirm disability’s Documentation may delay urgently-needed accommodation—one would, example, permit employee work from home. Until relaxed, if eliminated, disabled forced dangerous conditions, at all.