Determining Impairment

Determining Impairment The first step in investigating whether a charging party has a disability is investigating whether (s)he has an impairment, has a record of an impairment, or is regarded as having an impairment. In many cases, it is obvious that a condition is an impairment. In other cases, however, it is not obvious. When it is unclear whether a charging party has an impairment, the investigator should ask the charging party for medical documentation that describes his/her condition. Medical documentation that describes the charging party's condition or that contains a diagnosis of the condition will help to determine if the charging party has an impairment. In addition, the investigator should ask the respondent to provide copies of relevant medical documentation concerning the charging party's condition that the respondent has in his/her possession. Such documentation should include the results of any medical examination conducted or ordered by the respondent as well as copies of medical documentation that the charging party provided to the respondent. If the investigator requests the information directly from a third party, rather than from the charging party or the respondent, then the investigator first should obtain a signed medical release from the charging party and should submit the release with the request. Other information, such as the charging party's description of his/her condition or statements from the charging party's friends, family, or co-workers, also may be relevant to determining whether the charging party has an impairment.