Question

A neurodivergent employee on a performance improvement plan asked for an  accommodation that a doctor supports, but it’s not something we can realistically offer. How do we respond while staying compliant?

Answer

You’re dealing with two issues: the performance improvement plan (PIP) and the accommodation request. These are likely related; the employee may have been prompted by the PIP to seek an accommodation that would help them better perform their job.

To be compliant, you must follow the good-faith interactive process as required by the Americans with Disabilities Act (ADA) and the Massachusetts Fair Employment Practices Act (M.G.L. ch. 151B).  Both laws prohibit discrimination against individuals with disabilities in employment and require a certain process for discussing reasonable accommodations.

First, thank the employee for providing the medical information and explain (and document) why the accommodation is not feasible. Employers are not required to provide a specific accommodation if it would be too costly, extensive, disruptive, or fundamentally alter business operations, this is known as creating an “undue hardship.”

The employer has the burden of proving that an accommodation creates an undue hardship for the organization. An undue hardship is “[a]n action requiring significant difficulty or expense,” when considered in light of the following factors:

• Nature and cost of the accommodation.
• Overall financial resources of the facility:

• • Number of employees
  • Impact on expenses and resources

• Overall size of the business:

• • Number of employees

Number and location of facilities

• Type of operations:

• • Structure and functions of the workforce
  • How the accommodation affects operations

• Impact on other employees:

• • Whether the accommodation would impair others’ ability to do their jobs
  • Whether it would create safety risks

Once the request has been denied and you’ve documented the reasoning, continue the interactive process.

Engage in the Interactive Process

To move forward:

• Acknowledge the request and indicate the organization’s commitment to accommodating individuals with disabilities.
• Review the medical documentation.
• Meet with the employee to better understand their needs and job duties.
• It is best practice to provide a job description to the employee so that the medical provider can better understand the demands of the job.

Explore Alternative Accommodations

You must offer alternative accommodations if available. Think creatively and consult with the employee:

• Are there other ways to meet their needs?
• Could changes to scheduling, environment, supervision style, or communication methods help?
• Could a temporary arrangement or trial period be offered?

Document every step of this process.

When alternative accommodations are proposed, evaluate each for potential undue hardship. Be prepared to have multiple conversations to arrive at a solution that enables the employee to perform the essential functions of the job without undue disruption. Again, document all interactions.

Addressing the Performance Improvement Plan

Advise the employee’s supervisor to continue monitoring performance and implementing the PIP. You may need to extend the plan to fairly assess the employee’s performance after accommodations are in place.  For instance, if an accommodation is implemented on day 25 of a 30-day PIP, consider extending the timeline to give the employee a fair opportunity to succeed with support.

Best Practices That Make a Difference

While following the law is essential, taking a few extra steps can make the process smoother and more supportive for everyone involved. One of the most important things you can do is train your managers to recognize when an employee may be making an accommodation request, even if they don’t use formal language. Managers are often the first point of contact, and their response sets the tone.

Make sure you’re also documenting consistently, using a standard process to track conversations and decisions. Before denying a request, think about how similar situations have been handled in the past to ensure fairness. And don’t forget, employees are protected from retaliation, even if their request isn’t granted, so be thoughtful about how performance issues are addressed afterward.

Taking the time to approach these situations with clarity, empathy, and consistency will go a long way in protecting your organization and supporting your employees.

How AIM HR Can Help

If you have quick questions about ADA compliance or other HR challenges, the AIM HR Helpline is here to support you—call us at 800-470-6277 or email helpline@aimnet.org.

For more hands-on support, AIM HR Solutions offers personalized guidance to help you manage accommodation requests, performance plans, and compliance with confidence. We can also review and update your employee handbook to ensure it reflects current laws and best practices. If your managers need training on the legal responsibilities around accommodations or other compliance issues, we can support that as well.

Whether you need one-on-one consultation, policy development, or compliance training, our team is here to help you move forward with clarity. Email us at HRInfo@AIMHRSolutions.com or visit us at www.AIMHRSolutions.com.