What are an employer's options if an employee with a disability covered by the Americans with Disabilities Act (ADA) refuses to ask for/accept accommodation?

When an employer is aware of an employee's disability, the employer may initiate conversations about the employee's need for accommodations in the workplace. However, if an employee refuses to discuss his or her disability or the need for accommodation, the Equal Employment Opportunity Commission (EEOC) guidance indicates that employers cannot force employees to request or accept accommodations and employers must treat an employee with a disability the same as a non-disabled employee in the same job.

An employer should document all communications with an employee regarding the potential need for or offered accommodations as well as the current performance issues and potential repercussions if performance is not improved. If the employee at any time indicates a need for an accommodation, the company should start up the ADA interactive process again to help assess reasonable accommodation. If the employee continues to refuse accommodation, the employer should focus on addressing the employee's performance issues directly as it would with any other employee.

The EEOC guidance does indicate that if an employee "needs a reasonable accommodation to perform an essential function or to eliminate a direct threat, and refuses to accept an effective accommodation, s/he may not be qualified to remain in the job," however, employers should be cautious. Documenting performance conversations (including the interactive process, if applicable) as well obtaining legal advice is advisable before any adverse action is taken against the disabled worker.