TL;DR: Employees can still request accommodations under the Americans with Disabilities Act (ADA) even after being placed on a Performance Improvement Plan (PIP). Employers must engage in the interactive process to determine if reasonable accommodations can be provided, ensuring compliance while balancing performance goals.
It’s not uncommon for underperforming employees to request accommodations when their job performance is under scrutiny—especially after being placed on a Performance Improvement Plan (PIP). This situation can create a delicate balancing act between providing reasonable accommodations and managing performance issues.
The key is to navigate the PIP process carefully to ensure compliance with the ADA while maintaining clear expectations for employee performance. Companies that fail to accommodate reasonable requests from employees—even those on a PIP—risk non-compliance with the ADA and other employment laws.
A Performance Improvement Plan (PIP) is a formal performance management tool designed to help underperforming employees improve their work performance to meet the company's performance expectations. It outlines specific areas needing improvement, measurable goals, a set timeframe, and potential consequences (such as demotion or disciplinary action) if the employee does not meet the expectations.
Even if an employee is on a PIP, it’s not “too late” to request accommodations. Struggling employees can request accommodations anytime, and employers must engage in the interactive process to determine whether the request is reasonable.
However, requesting an accommodation does not provide immunity from the performance review process. Employers must still evaluate whether the requested accommodation helps the employee meet job performance standards.
Once an accommodation request is made, pause the PIP process and engage in a conversation to understand how the employee's condition impacts their job performance and what accommodations may be necessary.
Employers may request medical verification to understand how the employee’s condition affects their ability to meet the PIP’s performance goals. The key is to request only what’s needed to assess the accommodation, avoiding unnecessary barriers.
Not all accommodation requests will be reasonable. Assess if the accommodation enables the employee to meet measurable goals and complete the action plan outlined in the PIP.
If an accommodation is reasonable, adjust the PIP to reflect changes to performance expectations. For example, an accommodation may involve additional training or modifying the work environment. However, standards should remain consistent.
Continue to assess the employee’s performance post-accommodation through regular check-ins. Use this time to ensure they are meeting the required benchmarks and standards.
In cases where the accommodation request creates an undue hardship, document the reasons for the denial and explore alternatives that may help the employee succeed while aligning with business goals.
Balancing accommodation requests and performance management is critical. By following a structured performance improvement process, employers can ensure compliance while giving underperforming employees a fair chance to succeed.
Disclo has prepared many helpful articles and resources for employers and employees to reference. To stay updated on evolving regulations and topics of interest, subscribe to Disclo’s weekly newsletter, Full Disclosure, on LinkedIn or via email.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
It’s not uncommon for underperforming employees to request accommodations when their job performance is under scrutiny—especially after being placed on a Performance Improvement Plan (PIP). This situation can create a delicate balancing act between providing reasonable accommodations and managing performance issues.
The key is to navigate the PIP process carefully to ensure compliance with the ADA while maintaining clear expectations for employee performance. Companies that fail to accommodate reasonable requests from employees—even those on a PIP—risk non-compliance with the ADA and other employment laws.
A Performance Improvement Plan (PIP) is a formal performance management tool designed to help underperforming employees improve their work performance to meet the company's performance expectations. It outlines specific areas needing improvement, measurable goals, a set timeframe, and potential consequences (such as demotion or disciplinary action) if the employee does not meet the expectations.
Even if an employee is on a PIP, it’s not “too late” to request accommodations. Struggling employees can request accommodations anytime, and employers must engage in the interactive process to determine whether the request is reasonable.
However, requesting an accommodation does not provide immunity from the performance review process. Employers must still evaluate whether the requested accommodation helps the employee meet job performance standards.
Once an accommodation request is made, pause the PIP process and engage in a conversation to understand how the employee's condition impacts their job performance and what accommodations may be necessary.
Employers may request medical verification to understand how the employee’s condition affects their ability to meet the PIP’s performance goals. The key is to request only what’s needed to assess the accommodation, avoiding unnecessary barriers.
Not all accommodation requests will be reasonable. Assess if the accommodation enables the employee to meet measurable goals and complete the action plan outlined in the PIP.
If an accommodation is reasonable, adjust the PIP to reflect changes to performance expectations. For example, an accommodation may involve additional training or modifying the work environment. However, standards should remain consistent.
Continue to assess the employee’s performance post-accommodation through regular check-ins. Use this time to ensure they are meeting the required benchmarks and standards.
In cases where the accommodation request creates an undue hardship, document the reasons for the denial and explore alternatives that may help the employee succeed while aligning with business goals.
Balancing accommodation requests and performance management is critical. By following a structured performance improvement process, employers can ensure compliance while giving underperforming employees a fair chance to succeed.
Disclo has prepared many helpful articles and resources for employers and employees to reference. To stay updated on evolving regulations and topics of interest, subscribe to Disclo’s weekly newsletter, Full Disclosure, on LinkedIn or via email.
Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place.
Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.
Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.
