The duty to accommodate can be triggered by formal disclosure of a disability. However, where an organization is aware, or reasonably ought to be aware that there may be a relationship between a disability and someone’s job performance, the Employer has a positive duty to inquire into that possible relationship, before making any decisions that may impact the employee adversely (such as disciplinary action or termination). This is called the “duty to inquire.” The duty to inquire is most often triggered in situations where an employer is suffering from a disability that is not immediately obvious, such as a mental disability.
Concluding that a mental disability is at play can be tricky. However, an alteration in an employee’s mood or behaviour that is material enough or long enough to extend past “having a bad day or two” may point to a potential mental disability and trigger an employer’s duty to inquire.
Once an employer concludes that the cause of an employee’s performance issues may be a mental disability, the employer must provide a meaningful opportunity to the employee to identify what they are dealing with and request assistance or accommodation. This can be done with an initial meeting giving the employee the opportunity to raise (or not to raise) any issues or need for accommodations.
During this initial meeting, an employer should highlight any resources or accommodation policies offered by the organization, and make sure to frame any issues within the context of the employee’s work performance only, so that the employee does not feel that their privacy is being infringed.