The Cornell Just-in-Time Toolkit for Managers

Employees with disabilities can be reprimanded or terminated when their performance justifies this action according to a fairly and uniformly applied performance or conduct standard.  

Whether or not a manager suspects a disability is a cause of the performance problem, begin by managing the issue as you would with any other employee.

Employees with disabilities have a right to an accommodation. And they have a right to demonstrate their ability to do the job after an accommodation has been put into place

Instead of openly confronting employees with suspicions about a disability or medical condition, begin by asking two powerful questions you would ask any employee in this situation: 1. Is there anything you can tell me that would help me understand this situation; and 2. What can I do to help you improve your performance?

Stay away from vague statements and your own suspicions about the cause of the performance issue. Focus on concrete events or actions that illustrate the performance issue and on the consequences of these events/actions.   

Like anyone else, some workers with disabilities will be excellent performers; others not so much. A key job of a manager is to coach each employee (including those who have disabilities) so they can contribute 100% of their talents to your department or unit goals.

Employees with disabilities can be held accountable for their performance and conduct. Actions taken regarding an employee's job performance do not have to be withdrawn when the employee discloses a disability. But the employee does have a right to have their performance re-evaluated when they are using an accommodation.

If the employee first discloses an accommodation need after a termination action has begun, the employee can still be held accountable for their performance prior to disclosing the disability. If the employee’s performance prior to the disability disclosure warrants termination under a uniformly and fairly applied policy, the termination action may proceed.   

If all employees are informed of accommodation options (such as Employee Assistance Programs or other accommodation possibilities), they are more likely to come forward when they need an accommodation. This can prevent many performance issues from arising.

Research from DePaul University tells us that employees with disabilities perform as well as any other employee. Most performance issues have nothing to do with disability. Don't assume that a disability always means performance deficits.