How Much Medical Information Can Employers Request?

The workplace accommodation process often requires employers to navigate a delicate balance between two competing priorities: understanding an employee’s limitations well enough to provide appropriate accommodations while respecting the employee’s right to medical privacy.

Recent decisions in Ontario and British Columbia reinforce an important principle for employers: requests for medical information must be reasonable, relevant, and connected to the accommodation issue being addressed.

According to Michelle Cook, a labour and employment lawyer with Aird & Berlis LLP, arbitrators generally seek to limit requests for medical documentation to information that is necessary for assessing accommodation obligations.

“Arbitrators look to confine requests for medical documentation to what is reasonably necessary to determine the legal elements of accommodation,” she explains.

Those elements typically include determining whether an employee has a protected disability, understanding how the disability affects their ability to work, and identifying potential accommodations that would allow the employee to perform their job without creating undue hardship for the employer.

Why Basic Medical Notes May Not Be Enough

One of the challenges employers frequently encounter is receiving medical documentation that provides little practical information.

A recent decision from the Ontario Human Rights Tribunal found that medical notes simply stating an employee was "totally disabled" for a period of time and could return to work on a future date were insufficient to establish a disability.

The documentation provided no details regarding symptoms, functional limitations, or workplace restrictions.

Without this information, employers may be unable to determine what accommodations, if any, are required.

Accommodation decisions are often based not on the diagnosis itself but on how the condition affects an employee’s ability to perform specific job duties. When documentation lacks this context, employers may struggle to fulfill their legal obligations.

The ruling highlights an important distinction: while employers generally do not need detailed medical diagnoses, they do require enough information to understand an employee's functional capabilities and restrictions.

When Employers Ask for Too Much

While vague documentation can create challenges, employers must also be careful not to request excessive medical information.

A recent Ontario Grievance Settlement Board decision illustrates this risk.

In that case, an employee had already provided information about her diagnosis, functional limitations, and workplace restrictions. Despite receiving this information, the employer requested access to her complete medical history.

The arbitrator rejected the request.

Because the employer did not challenge the reliability of the information already provided, the request for the employee's full medical file was viewed as unnecessary and overly intrusive.

The arbitrator characterized the request as a "fishing expedition" because it sought information beyond what was required to resolve the accommodation issue.

Cook notes that this case demonstrates the importance of proportionality.

“This was a case where the employer was not challenging the nature of the employee’s disability based on the materials she had already provided, so further disclosure was unnecessary and intrusive.”

The decision serves as a reminder that accommodation-related requests should remain focused on workplace needs rather than broader medical history.

When Additional Information May Be Justified

Not every request for additional medical information will be considered excessive.

A British Columbia arbitration involving BC Ferries demonstrates circumstances where further medical documentation may be both reasonable and necessary.

The case involved an employee seeking reinstatement after a previous dispute. During the return-to-work process, the employer requested that the employee's physician complete a company medical questionnaire.

The employee argued that his doctor's opinion was sufficient because it stated he was medically stable and able to return to work without restrictions.

However, evidence presented during the proceedings showed the employee had been diagnosed with bipolar disorder, a condition that was chronic, episodic, and capable of fluctuating between periods of stability and instability.

The arbitrator sided with the employer.

The decision recognized that a physician's assessment reflects an employee's condition at a specific point in time. Given the nature of the condition and the potential workplace implications, the employer was entitled to seek additional information to determine whether the employee could safely return to work.

In this context, the medical questionnaire was considered a reasonable tool for assessing fitness for duty and managing workplace risk.

The Importance of Functional Limitations

Taken together, these decisions reinforce a consistent theme within accommodation law: employers should focus on functional limitations rather than diagnoses whenever possible.

Accommodation decisions are most effective when employers understand:

What tasks an employee can perform

What tasks may be restricted

Whether restrictions are temporary or permanent

What accommodations may allow the employee to perform their role safely

This information allows employers to assess accommodation options while minimizing unnecessary collection of sensitive medical information.

At the same time, employees must provide enough information to support their accommodation requests. Insufficient documentation can make it difficult for employers to evaluate options and meet their obligations under human rights legislation.

Tailoring Requests to the Workplace Issue

For HR professionals and employers, these cases offer an important lesson.

Medical information requests should never follow a one-size-fits-all approach.

Instead, employers should assess the circumstances of each case individually and request only the information needed to address the specific workplace issue.

As Cook explains:

“The lesson for employers from these cases is that they must tailor requests for medical information to the workplace issue at hand.”

By focusing on relevant functional information, respecting employee privacy, and avoiding unnecessary disclosure requests, organizations can create a more effective accommodation process that supports both legal compliance and employee trust.

Ultimately, successful accommodation requires collaboration. Employees must provide sufficient information to explain their workplace needs, while employers must ensure that requests remain reasonable, targeted, and proportionate to the circumstances.

Looking for medical clarity on a complex file? VERA Medical offers independent medical assessments and return-to-work support. Book a consultation