Don't overlook the duty to inquire
Employees are generally expected to inform their employers if
they have a disability and/or need accommodation, including
providing enough information for the employer to make appropriate
work-related adjustments. However, employees do not always
proactively request accommodations or share relevant information.
Accordingly, when an employee's conduct reasonably indicates
they might have a disability or require accommodation, the employer
must take the initiative to ask about the situation. This is known
as the employer's "duty to inquire".
The duty to inquire includes seeking necessary medical
information to understand the employee's needs before
subjecting the employee to adverse treatment, such as disciplinary
action or termination of employment. This duty to inquire exists to
ensure employers do not overlook or ignore potential needs for
accommodation when they are aware, or ought to have been aware, of
them. If an employer
