Compliance regulations often limit employers when it comes to conversations about employee accommodations because many direct questions are off-limits. However, an employer is most successful in implementing proper workplace accommodations when they have a solid understanding of an employee’s medical condition. Unfortunately, they often have little insight into the medical condition and fear becoming noncompliant by asking the wrong questions.

Given that asking questions is a vital first step for helping an employee with a medical condition at work, here are four tips a broker can provide an employer for initiating a compliant discussion to help an employee find a solution:

  1. Be proactive. The issue affecting an employee’s ability to work may not be easily identifiable in some cases, including chronic diseases like diabetes or hypertension. Or, an employee may exhibit physical signs of a condition that isn’t actually physical in nature, such as depression or anxiety. The key here is to be proactive and not let the issue carry on without communicating with the employee. Starting a conversation with a compassionate approach opens the door for employees to share the issue that may be holding them back at work.

  2. Be human and empathetic. Focus on the employee’s general well-being through a question such as, “How are you?” Asking a tired employee if they feel alright, or inquiring if a sneezing employee has allergies or a cold is another great example. A friendly conversation may yield exactly the answers you’re looking for and, ultimately, allow you to help identify a solution for this employee. You can even ask how an employee is doing following the death of a loved one or a divorce. When your questions aren’t likely to prompt information about a medical condition, they’re typically permitted. Here are a few more questions you can ask:

-What's getting in the way of your productivity?
-Are you able to do your job? Can you do the work?

  • Know the boundaries. Approaching a conversation in a direct manner may seem effective, but hard-hitting questions typically are not permitted under the Americans with Disabilities Act Amendments Act (ADAAA). The Equal Employment Opportunity Commission (EEOC) recommends avoiding the following questions[1]:

    -Have you ever had a disability?
    -How did you become ill or injured?
    -Have you ever had genetic testing done?
    -Are you taking an prescription drugs or medications? Have you in the past?

  • Don’t fish for information by asking broad questions. Asking general questions about the employee’s impairments to elicit information about their condition or medical history isn’t in compliance with ADAAA regulations. An example of that type of question would be, “What impairments do you have?”

    • The EEOC also provides additional examples of specific and direct questions that can be asked, which can be viewed here.

    Above all, remember that the goal of asking questions is to help the employee get back to their normal level of productivity. The answer to a simple, “How are you?” question can go a long way to help improve your employee’s overall health and productivity at work.

    [1] U.S. Equal Employment Opportunity Commission. Enforcement Guidance: Disability-related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA), updated March 24, 2005, http://www.eeoc.gov/policy/docs/guidance-inquiries.html.

    Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

    Your access to unlimited BenefitsPRO content isn’t changing.
    Once you are an ALM digital member, you’ll receive:

    • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
    • Educational webcasts, white papers, and ebooks from industry thought leaders
    • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
    NOT FOR REPRINT

    © 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

    Compliance