ADA Frequently Asked Questions

Category: Title I: Employment

May an employer ask an employee if a reasonable accommodation is needed when the employee has not requested one?

Employers may not require employees to accept accommodations they do not want. However, an employer can discuss disability-related accommodations with an employee who has not made a request in the following circumstances:

• The employee’s behavior is impacting the safety of the employee or others;
• The employee’s behavior is affecting job performance, attendance, or other work-related activities and policies;
• The employee has disclosed a disability or impairment related to safety, performance, or other work-related activities and policies; or
• The disability and need for an accommodation are obvious.

Employers can share general information with applicants and employees about their ADA rights, reasonable accommodations and disability-related resources as long as they are not targeting a specific individual or making assumptions about an employee’s disability status. For example, an employer can include a contact for accommodation requests on their job application forms or provide general emails to staff about mental health resources that the employer offers.

Resource(s):

• Mother May I? Must I? Should I? – Learn more about the accommodation process