Supervisors

Should a supervisor request or accept medical documentation from an employee who states they have a disability, underlying medical condition, or is seeking a reasonable accommodation?

No. Our office will collect any relevant medical documentation and store it in our HIPAA compliant database, ensuring employee privacy. Please thank the employee for their willingness to share the information, and redirect them to the Initial Request Form. If the employee is trying to submit FMLA paperwork, please direct them to your unit HR representative for further assistance.

An employee in my unit is asking questions about a co-worker’s workplace accommodation or modification. How should I respond?

It is important not to disclose that an employee is receiving an accommodation because doing so is an inappropriate disclosure of an employee’s confidential disability information.

Instead of disclosing this information, supervisors should emphasize the importance of maintaining the privacy of all employees and not discussing the work situation of any employee with co-workers. One way a unit may be able to avoid many of these kinds of questions is by engaging in training opportunities with our office on creating an inclusive environment for employees of diverse backgrounds including disability. This kind of proactive approach may lead to fewer questions from employees who misperceive co-worker accommodations as special treatment.

If an employee has questions or concerns about the equal distribution of work or feels that they are being unfairly tasked with job duties that a co-worker is not performing, those issues should be addressed by the supervisor without disclosing private disability, or medical information about any employee.

Must an employee with a disability ask for a reasonable accommodation at a certain time?

No. The ADA does not require employees to ask for a reasonable accommodation at a certain time. Employees may ask for reasonable accommodation at any time during their employment, however, accommodations are not retroactive. This means employees should ideally request reasonable accommodations as soon as possible and prior to experiencing performance concerns or issues.

What should a supervisor do if an employee requests an accommodation for the first time in response to receiving a performance evaluation, letter of expectation, or disciplinary letter?

If an employee requests a reasonable accommodation in response to the supervisor discussing or evaluating the employee’s performance, the supervisor can continue the discussion or evaluation. Supervisors should also provide the employee with our office’s contact information and follow up in writing to provide the Initial Contact Form.

An employee in my unit has an approved accommodation for the purchase of equipment. How do we move forward in making the purchase for the employee?

If an employee has an accommodation for equipment, the immediate supervisor and HR representative will already be aware of the types of items that were approved for purchase through the interactive process. If the accommodation document does not specify a particular item or model, the employee and their supervisor or HR representative should privately discuss the preferred items to be purchased directly with the employee. Depending on the item being purchased, a facilities manager may need to evaluate it or the workplace modification for safety and code compliance. It is appropriate to share information about the request on a need-to-know basis with the facilities manager and any purchasing personnel. Remember, an individual’s disability status and medical information should never be shared.

If any questions arise between the employee, the unit, or the purchaser, any party can contact the Disability Equity Office to help with navigating the process.

An employee has stated they need a particular workplace item (standing desk/ergonomic chair) due to a medical condition or disability, should I go ahead and order them what they have requested?

Maybe. Units can engage in the interactive process directly with an employee. However, we always encourage units and employees to reach out to our office for guidance or additional accommodation ideas. If an employee mentions an underlying medical condition or disability when requesting a workplace item, the employee should be directed to our office so that we can provide any additional accommodations or resources that may be helpful to ensure the employee is able to perform the essential functions of their position.

Can a supervisor expect an employee with a disability to perform their essential job functions to an equivalent performance standard as those without disabilities?

Yes. An employee with a disability must meet the same production standards as their non-disabled coworkers in the same job, based on the essential functions listed in their job description. However, reasonable accommodations may be required to assist an employee in meeting a specific production standard.

May a supervisor require an employee with a disability to perform a job in the same manner as a non-disabled employee?

In many instances, an essential function can be performed in different ways, including by using a reasonable accommodation. For instance, employees may perform essential functions using assistive technology, using an alternative schedule, in an alternate location (remote work), etc. However, an employer is not required to allow the use of an alternate method that would impose an undue hardship to unit operations. Before denying an accommodation due to undue hardship contact our office for guidance.

If a supervisor gives a lower performance rating to an employee and the employee responds by disclosing they have a disability or underlying medical condition that is causing the performance problem, may the employer still give the lower rating?

Yes. The rating reflects the employee’s performance to date, regardless of disability. However, if this is the first time the employee has raised an underlying medical condition or disability as the cause of their performance issues, the supervisor should provide information about the availability of reasonable accommodations through our office during the conversation, and then follow up in an email providing contact information for our office along with other appropriate resource contacts.

If an employee states that their disability is the cause of the performance problem, the supervisor should follow up by clarifying the required level of performance. If the employee does not ask for an accommodation at that time, the supervisor should still provide resources, including the contact information to request an accommodation based on the disclosure of an underlying medical condition or disability and its impact on their performance.

May a supervisor withdraw a reasonable accommodation including a remote work accommodation or a modified schedule (flexible schedule), provided as a reasonable accommodation, because the employee receives a letter of performance expectation or negative evaluation?

Before adjusting an approved workplace accommodation, a supervisor or HR representative should contact our office to determine if reengaging in the interactive process is necessary. Our office can assist the unit in determining what, if any, changes should be made to the current accommodations to increase effectiveness, or what additional accommodations may be helpful in assisting the employee to perform the essential functions of their position.

If an employee with an accommodation receives negative performance feedback or is exhibiting performance issues, should the supervisor assume this means the reasonable accommodation is not working?

No. The supervisor should not assume that any performance issues are related to the accommodation not working. The supervisor should try to determine the cause of the performance issue and whether it is related to the current accommodation.

• Example 1
  If an employee has a remote work accommodation due to a disability but is not requesting time off from the supervisor in accordance with unit requirements, the performance issue is likely not related to the remote work accommodation or disability.
• Example 2
  An employee has a flexible start time but continues to report to work outside of that start time, the accommodation may not be assisting the employee in improving their performance as intended.

Should a supervisor mention an employee’s disability during a discussion about a performance or conduct issue if the employee has not disclosed a disability?

When a supervisor is discussing performance or conduct, the supervisor should not imply or ask whether there is an underlying medical reason for the performance.

Our office recommends providing general resource guidance or asking “How can I help?” during performance discussions. Only if the employee discloses a disability or medical condition during these conversations should the supervisor direct the employee to our office to discuss concerns related to their performance.

When discussing performance or conduct problems with an employee who has a known disability, may an employer ask if the employee needs a reasonable accommodation?

Yes. An employer may ask an employee who has a documented accommodation or previously engaged in the interactive process if they need to re-engage in the interactive process or require any additional assistance to be successful.