Question

An employee recently told us they have a medical condition that may affect their ability to perform certain parts of their job. After discussing possible accommodations, the employer offered a reasonable accommodation, but the employee declined it. What do we do?

Answer

When an employee informs HR that they have a medical condition or disability that may affect their ability to perform their job, the employer should begin the interactive process. The interactive process is an ongoing conversation between the employer and the employee to identify reasonable accommodations that enable the employee to perform the essential functions of their position safely and effectively.

If an employee declines an offered accommodation, HR should not assume the process is over. Instead, meet with the employee to discuss why the accommodation was declined. The employee may feel the accommodation will not meet their needs, may not fully understand how it works, or may have another accommodation in mind.

As part of the interactive process, HR may provide the employee with a copy of their job description and ask them to share it with their health-care provider. This allows the provider to review the essential functions of the position and recommend accommodations that may help the employee perform their job.

HR can then review those recommendations and determine whether they are reasonable and can be provided without creating an undue hardship for the organization.

Employees are encouraged to participate in the interactive process and suggest accommodations that may help them succeed. HR should carefully consider those suggestions and continue exploring possible solutions. It is also important to document all discussions, accommodation offers, and employee responses.

When Performance or Safety Concerns Remain

While employees generally have the right to decline an accommodation, they must still be able to perform the essential functions of their position. If performance or safety concerns remain after accommodations have been discussed, employers should consult legal counsel before making employment-related decisions.

The goal of the interactive process is not to force an employee to accept an accommodation. Instead, it is to demonstrate that the employer acted in good faith, explored reasonable options, and worked with the employee to find a solution that supports both the employee’s needs and the organization’s operational requirements.

Need Help Navigating ADA Accommodation Questions?

ADA accommodation requests can be complex, especially when an employee declines an offered accommodation or performance and safety concerns remain. The AIM HR Helpline can be reached at 800-470-6277 or helpline@aimhrsolutions.com.