Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?
A. Generally, no. Employers are not obligated to reasonably accommodate a disabled worker until he or she has notified the company of his or her disability and/or the need for accommodation.
Asking whether an employee suffers from a disability may allow the worker to claim that you perceived him or her as disabled in violation of state and federal laws—even if the impairment is not protected.
The safest approach is to focus solely on the performance deficiencies and treat this worker as you would any other employee experiencing similar problems.
However, the EEOC takes the position that an employer should initiate a reasonable accommodation discussion if it: (1) knows that the employee has a disability; (2) knows or has reason to know that the employee is experiencing workplace problems because of the disability; and (3) knows or has reason to know that the disability prevents the employee from requesting a reasonable accommodation.
If the individual then states that he or she does not need a reasonable accommodation, the EEOC continues, the employer will have fulfilled its obligation.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8901/should-we-offer-reasonable-accommodations-even-if-our-employee-hasnt-asked "
- Failure to interview for promotion can be retaliation
- Lawsuit burns Teaneck Fire Department … yet again
- Phrase job offers carefully to avoid confusion, lawsuits
- FMLA: You can request proof worker's parent has serious health condition
- Employers can ask jury to decide when collective bargaining agreement was ratified