Can management initiate the reasonable accommodation process when an employee has not specifically asked for an accommodation?
Yes. An employer can initiate the reasonable accommodation interactive process without being asked by the employee if the employer: (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. Furthermore an employer can ask an employee with a known disability whether s/he needs a reasonable accommodation when it reasonably believes that the employee may need an accommodation. An employer may also ask an employee with a disability who is having performance or conduct problems if s/he needs reasonable accommodation. If the individual with the disability states that s/he does not need a reasonable accommodation, the employer will have fulfilled its obligation.
Related Questions
- Can management initiate the reasonable accommodation process when an employee has not specifically asked for an accommodation?
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- Does an employer need to implement the reasonable accommodation that the employee requests?
