Employee who refuses to seek accommodation

What to do when the employer is aware of a potential disability
By Lorenzo Lisi
|Canadian Employment Law Today|Last Updated: 01/09/2013

Question: If an employee has performance and behavioral issues in the workplace that are the result of drinking, but the employee doesn’t make any claim that he is an alcoholic, does the employer have to consider the possibility of accommodation before considering discipline? What responsibility is there to determine if there is a disability?

Answer: Dealing with “hidden” or “invisible” disabilities is one of the greatest challenges an employer can face when it comes to accommodating its employees.

Where an employee is suffering from alcohol dependency or substance abuse, it is often a condition of the disability itself that the employee will not self-disclose. They will often try to keep their condition a secret for as long as possible in the hope it will either not be discovered or they can manage their work and life without others knowing.