Compliance regulations oftenlimit employers when it comes to conversations about employeeaccommodations because many direct questions are off-limits.However, an employer is most successful in implementing properworkplace accommodations when they have a solid understanding of anemployee’s medical condition. Unfortunately, they often have littleinsight into the medical condition and fear becoming noncompliantby asking the wrong questions.

Given that asking questions is a vital first step for helping anemployee with a medical condition at work, here are four tips abroker can provide an employer for initiating a compliant discussion to helpan employee find a solution:

1. Be proactive. The issue affecting an employee’sability to work may not be easily identifiable in some cases,including chronic diseases like diabetes or hypertension. Or, anemployee may exhibit physical signs of a condition that isn’tactually physical in nature, such as depression or anxiety. The keyhere is to be proactive and not let the issue carry on withoutcommunicating with the employee. Starting a conversation with acompassionate approach opens the door for employees to share theissue that may be holding them back at work.

2. Be human and empathetic. Focus on theemployee’s general well-being through a question such as, “How areyou?” Asking a tired employee if they feel alright, or inquiring ifa sneezing employee has allergies or a cold is another greatexample. A friendly conversation may yield exactly the answersyou’re looking for and, ultimately, allow you to help identify asolution for this employee. You can even ask how an employee isdoing following the death of a loved one or a divorce. When yourquestions aren’t likely to prompt information about a medicalcondition, they’re typically permitted. Here are a few morequestions you can ask:

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   -What's getting in the way of your productivity?
   -Are you able to do your job? Can you do the work?

3. Know the boundaries. Approaching a conversationin a direct manner may seem effective, but hard-hitting questionstypically are not permitted under the Americans with DisabilitiesAct Amendments Act (ADAAA). The Equal Employment Opportunity Commission(EEOC) recommends avoiding the followingquestions[1]:
   

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   -Have you ever had a disability?
   -How did you become ill or injured?
   -Have you ever had genetic testing done?
   -Are you taking an prescription drugs or medications? Have you inthe past?

4. Don’t fish for information by asking broadquestions. Asking general questions about the employee’simpairments to elicit information about their condition or medicalhistory isn’t in compliance with ADAAA regulations. An example ofthat type of question would be, “What impairments do you have?”

The EEOC also provides additional examples of specific anddirect questions that can be asked, which can be viewed here.

Above all, remember that the goal of asking questions is tohelp the employee get back to their normal level ofproductivity. The answer to a simple, “How are you?” question cango a long way to help improve your employee’s overall health andproductivity at work.

[1] U.S. Equal Employment Opportunity Commission. EnforcementGuidance: Disability-related Inquiries and Medical Examinations ofEmployees under the Americans with Disabilities Act (ADA), updatedMarch 24, 2005, http://www.eeoc.gov/policy/docs/guidance-inquiries.html.