Legal Question in Disability Law in Texas
Notification to Employer of a Disability
If you notify your supervisor verbally of a condition covered under the ADA act is that considered to be first notification or does it have to be in writing? Also, do you have to tell the supervisor that the condition is covered under the ADA act or is it their responsibility to know what is covered?
1 Answer from Attorneys
ADA -- Americans with Disabilities Act
The issue is less one of whether you are required to notify your employer in writing of a disability or whether it will be sufficient to notify orally than it is which one is more effective AND puts you in a better position if the employer refused to accommodate and you have to go to court.Now that the issue is properly framed... do you REALLY have a question?Of COURSE you are better off doing things in writing and keeping a photocopy of what you provide your supervisor or personnel director.It doesn't make any difference whether you tell your employer your condition is covered under the ADA.... in fact you may SAY that it is, when it is not.... and your saying it is covered does not make it so or require any accommodation. The only thing that requires accommodation is the existance of an actual and known disability, and even then the accommodation need only be reasonable, meaning you still might not be able to do the job.
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