Evaluating Accommodations When Discipline Is Involved

By Rachel Shaw, MBA, President and Principal Consultant, Shaw HR Consulting

What do you do when an employee who is undergoing discipline says, “My disability made me do it”? When employees link discipline to claimed disabilities at the beginning of a performance issue or at the eleventh hour, supervisors need to know what to do and who to include in the discussions.

To begin, pause disciplinary action and notify human resources (HR) to start the interactive process in accordance with the Americans with Disabilities Act (ADA). No matter how frustrating it may be, you want to determine whether the employee has a covered disability, and if so, is the disability at play so you can address the performance concern effectively and efficiently.

Regardless of the tool used — whether it’s discipline or the disability interactive process — the goal is the employee’s successful performance. There is no “pass” for a disabled person, but you must use the right tool to have any hope of improving performance. If a disability is causing a performance issue, you can’t fix it with a letter of reprimand.

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