Performance plan during a pending MS accommodation request
Priya, a 34-year-old software engineer, has relapsing-remitting multiple sclerosis. She requests three accommodations: a 9 a.m. start instead of 8 a.m., two remote days per week, and intermittent leave for infusion appointments. Her manager reports that she has missed two sprint deadlines and that code-review quality has declined. The employer has a written performance improvement process and wants to place Priya on a 30-day PIP. Priya says the missed deadlines are caused by fatigue and that her neurologist supports the schedule change. HR has not yet responded to the accommodation request. The department has a hybrid policy requiring two onsite days, and Priya's team already has three engineers working remotely on those days. The case manager is asked whether the PIP can proceed while the accommodation request is pending.
1. Can the employer proceed with the PIP before responding to the accommodation request? Why or why not?
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The employer should not finalize or implement the PIP while the accommodation request is unresolved. Performance problems may be caused or worsened by fatigue and other MS symptoms, and the requested schedule change could affect the very deadlines at issue. The ADA requires a prompt, good-faith interactive process; delay itself can be evidence of failure. HR should respond to the request, gather limited medical information, and consider interim accommodations, such as a temporary 9 a.m. start or remote days, while it evaluates the request. The manager can still document performance concerns and give feedback, but a formal PIP with punitive consequences should wait until the employer knows whether reasonable accommodation would remove the barrier. If the employer believes the request is unreasonable, it must be able to explain why, based on the job's essential functions, not on assumptions about MS.
2. What medical information may the employer request, and how should it be limited?
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The employer may request medical documentation sufficient to establish that Priya has a disability-related limitation and that the requested accommodations are needed. It should not ask for her complete medical file or a blanket release. A focused inquiry to her neurologist can ask about functional limitations, the expected duration, whether a later start and remote work would help, and whether intermittent leave is needed for treatment. For FMLA, use the standard certification process and keep it separate from the ADA file. HR should explain the purpose of the request and set a reasonable deadline. If Priya provides insufficient information, ask for clarification rather than denying the request. The case manager should route medical information to the appropriate reviewer and tell the supervisor only what is needed to implement approved accommodations.
3. If the accommodations are granted, how should performance be measured and what if problems persist?
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If the accommodations are granted, the PIP should use the same objective performance standards applied to other engineers, with clear metrics and review points. The employer may hold Priya to production and quality expectations, but it must not penalize her for conduct or absences covered by approved accommodations or FMLA leave. Build the accommodation into the plan, including adjusted start time, remote days, and leave for infusions, and document how deadlines will be measured. If performance still falls short, investigate whether the accommodations are working before imposing discipline. Consider additional accommodations, a temporary reduction in nonessential duties, or reassignment to a vacant position for which she is qualified. The key is to separate legitimate performance problems from disability-related barriers and to avoid a pretextual PIP.