In Ontario, ADHD can fall within the disability protections of the Ontario Human Rights Code, so the employer should treat the disclosure as triggering a duty to inquire into and explore accommodation. That does not mean that legitimate performance expectations must be abandoned. The Ontario Human Rights Commission (OHRC) recognizes that employees with disabilities are expected to meet agreed-upon performance standards once appropriate accommodation is provided. Before escalating performance consequences, however, the employer should make reasonable efforts to determine whether the missed deadlines, attendance issues, or other performance concerns are disability-related and whether accommodation could enable the employee to meet the essential requirements of the position.

At this stage, I would recommend continuing the accommodation process and performance-management process in parallel, rather than waiting indefinitely for medical documentation. Meet with the employee and explain that there are specific, ongoing performance concerns—using objective examples such as missed reports, deadlines, and deliverables—and that the goal is to help them succeed. Because ADHD has been disclosed, ask whether any of these difficulties are connected to disability-related limitations and what workplace supports may help. You can follow up on the medical documentation, but frame the request around functional limitations, restrictions, ability to perform essential duties, and accommodation needs, rather than asking the physician for detailed diagnostic information. The OHRC also says employers should actively investigate possible solutions and, where appropriate, consider interim accommodation based on the information available rather than simply waiting for a medical assessment.

A collaborative PIP can therefore be appropriate, provided it is clearly about the employee’s job requirements rather than their ADHD. Identify the essential deliverables, reasonable deadlines and measurable standards; ask the employee what barriers are contributing to the gaps; and jointly consider supports such as clearer written priorities, intermediate milestones, scheduled check-ins, deadline reminders, workload organization, or other measures appropriate to the employee’s actual limitations. Document both sides of the process: the performance concerns and expectations, as well as the employer’s accommodation inquiries, proposed measures, employee responses, and follow-ups. The employee also has responsibilities in this process, including providing reasonably necessary information about restrictions or limitations, participating in discussions and cooperating with efforts to identify accommodation. If necessary information is repeatedly requested and the employee does not cooperate, that can eventually affect the extent of the employer’s accommodation obligation—but I would document several clear attempts before reaching that conclusion.

Finally, keep medical/accommodation information separate from ordinary performance documentation wherever practical and tightly restrict access. A manager generally needs to know what accommodation is being provided and what expectations apply, not the employee’s medical details. The OHRC specifically recommends that medical information be kept confidential and, where possible, separately from the personnel file, with HR communicating functional restrictions to supervisors rather than diagnostic details. Given the intersection of disability accommodation and potential discipline here, Ontario employment/human-rights counsel should review the PIP and accommodation correspondence before the organization moves toward significant discipline or termination.

I hope this helps.
-HRInsider Staff