Smart employers don’t leave it up to a direct supervisor to manage ADA reasonable accommodation. Instead, they work out a system that requires HR’s oversight.
Otherwise, a boss with a grudge could set up a disabled employee to fail—and set the table for a costly ADA lawsuit.
Advice: Have someone in HR work with both employees and supervisors to make sure all accommodations are implemented fairly and that any problems are quickly rectified.
Recent case: Marianne worked as one of six members of a customer service team at Momentive Specialty Chemicals. All the reps covered for one another when necessary, including during absences, vacations, workday breaks and busy periods.
Momentive’s policy specifically stated that attendance was an essential function of the job, and that employees who were tardy or missed too much work would be terminated if they didn’t improve.
When Marianne developed colitis and irritable bowel syndrome, s...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware the high price of foul language: Expensive trials before unsympathetic judges
- Employee won discrimination case? Understand bias laws' cap on punitive damages
- Service-related health problem seems minor? Employee might still have ADA disability claim
- Ignore harassment at your peril: It could embolden harasser and end in disaster