PIP’s and Accommodation

[Aleesha Van Damme]

#98165

Forum: Private

Hi there,

We have an employee who is on a PIP and is struggling to hit the production targets that we require of her to finish our project on time. We have provided additional training and PIP’s to provide the support she needs to get her numbers up, and there has unfortunately been a further decline in the work. If we look at her production as a whole, she has been able to hit the targets expected of her, just not consistently.

This employee recently disclosed that she suffers from Asperger’s syndrome, which could impact her speed. An accommodation option would be to reduce her targets slightly; however, if we do that, our project would then be behind and would require hiring another installer to make up for the difference.

My question is this: Would a standard Functional Ability Form be the right document to provide to her? Our internal form is more physical capabilities than it is limitations for mental health. And, does needing to hire another installer and pay another salary meet the threshold for undue hardship?

Thank you

[Haley O’Halloran]

#98167

A Functional Abilities Form can be an appropriate next step, but it should be tailored to the situation. In accommodation cases involving neurodevelopmental conditions like Asperger’s syndrome (now known as Autism Spectrum Disorder), the focus should be on functional restrictions and workplace needs rather than a diagnosis or primarily physical limitations. If your current internal form is heavily geared toward physical capabilities, it may not capture the relevant information. You may want to provide a more general functional assessment form or a letter template that asks the employee’s healthcare provider about work-related impacts (e.g., pace, consistency, sensory/environmental factors, need for structured instructions) and what accommodations may support performance.

With respect to undue hardship, the threshold is quite high. In most Canadian jurisdictions, additional cost alone does not automatically meet undue hardship unless it is significant enough to threaten the viability of the business or substantially impact operations. The fact that you may need to hire another installer could be a relevant factor, but you would be expected to explore other accommodation options first (modified supervision, adjusted scheduling, task reallocation, assistive supports, clearer work processes, etc.). Undue hardship requires objective evidence, not speculation, and must consider whether accommodation can be implemented without fundamentally compromising the business or safety.

Finally, it is important to continue the accommodation process in good faith alongside the PIP. Once a disability is disclosed, performance management must account for the duty to accommodate to the point of undue hardship. Since the employee has demonstrated she can meet targets at times, this may suggest accommodations could help with consistency rather than eliminating expectations altogether. Document all steps taken, seek only functional information, and consider obtaining legal or HR advice before making termination decisions, as disability-related performance matters carry a higher legal risk.

-HRInsider Staff

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