Employee Relations Law Journal
"Circuits Split on Definition of a 'Disability-Related Inquiry'"
May an employer require its employees to provide a "general diagnosis" of a medical condition to document taking sick leave? The Circuit Courts are split. In the Second and Ninth Circuits, an employer may not impose such a requirement, but in the Sixth Circuit, the Company may request such information. The US Supreme Court has yet to consider the issue. Until this split is resolved, the answer may depend not only upon geography, but also upon whether the employer receives federal funding.