Performance and the Duty to Accommodate
Performance problems can sometimes indicate that there may be a need to accommodate, even when the employee has not asked for an accommodation. Managers, are obligated in certain circumstances to initiate action to determine if an accommodation is needed, even if the employee has not asked for it. The following are some examples of signs that might require further investigation to assess whether accommodation is needed:
Feedback from co-workers indicating that the employee is behaving erratically;A sudden drop in attendance and increase in sick leave use;An increase in lateness;Sudden changes in behaviour; or Unusually poor work performance.
If you have spoken to the employee about specific behaviours and offered the option of accommodation on several occasions, and the individual does not wish to pursue the matter, remember to document the steps you took to show that you did everything you could to help the employee and that you fulfilled your obligations regarding the duty to accommodate. Be sure to advise the employee of available services, such as EAP.
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