TEST YOUR ADA IQ
Excerpted with permission from an article by Phillip M. Perry
Floral Management Magazine
October 1999
You risk costly lawsuits when you make decisions regarding worker behavior. For example, workers with mental illness are protected under the Americans with Disabilities Act (ADA) and an overly helpful employer can be sued. Prepare yourself to make the right decision. Seek professional advice when in doubt. The following scenarios from Mr. Perry's article may pique your curiosity. For explanations on the suggested answers, we encourage you to read the whole article in Floral Management issue. Compare your answers to those at the end of this article.
1) Judy visits your office and says, "I need several
weeks off. I have been feeling very depressed." You decide to:
A. Grant Judy the requested leave, since she has claimed she has depression,
a condition covered by the ADA.
B. Probe Judy about the reasons for her depression, to make sure her problem
is genuine.
C. Ask Judy to bring in a doctor's certification.
2) During his annual performance review, Bill says,
"I am feeling a lot of stress at work." You decide to:
A. Ask Bill how you can help him do his job so that his work experience is better.
B. Ask Bill for the reasons why he is stressed.
C. Attempt to find out if he is covered by the ADA by asking if he has seen
a physician.
3) Anna, who operates a cash register and computer
keyboard, says she is getting sore wrists. You decide to:
A. Send Anna to a medical doctor for a report.
B. Ask Anna if she is able to continue in her job, and if she says "yes," then
let her.
C. Terminate Anna because she cannot perform an essential function of the job.
4) Sam, one of your long-time top quality workers,
has recently been arriving late and acting withdrawn from other workers. You
feel he may be experiencing psychological difficulties. What should you do?
You decide to:
A. Offer to be Sam's sounding board for any of his problems.
B. Treat Sam's lateness strictly as a performance problem and institute your
normal disciplinary procedures.
C. Ask Sam's co-workers if they know what is troubling him.
5) Jim is caught drinking on the job. You decide to:
A. Terminate Jim for violating your policy against imbibing alcohol in the workplace.
B. Ask Jim if he suffers from alcoholism, a disability protected by the ADA.
If he says yes, provide time for rehabilitative medical treatment.
C. Ask Jim to explain why he violated your rules, to see if he volunteers the
fact that he is an alcoholic.
6) Sarah is exhibiting increasingly bizarre behavior
that leads to fear of violence. You decide to:
A. Fire Sarah
B. Move Sarah to another job not in contact with other people.
C. Suspend Sarah and require her to see a psychiatrist, and to bring back a
certificate that says she is fit to work.
7) Allan presents you with a doctor's note that says
he needs every Monday and Friday off to attend to a medical condition. You decide
to:
A. Challenge Allan's doctor to explain the designated schedule.
B. Grant Allan's request.
C. Terminate Allan.
See correct answers.
Establishing a "zero tolerance policy" can go a long way toward avoiding legal liability from ADA lawsuits, according to Robert J. Nobile, a partner with the New York office of Winston & Strawn. The policy prohibits inappropriate conduct in the workplace, which is defined as abusive, harassing, or intimidating behavior. It also prohibits violence or threats of violence. This policy sends a message to employees that the company will not tolerate any form of offensive behavior. With such a policy in place, it is much more difficult for someone to bring a disability lawsuit for adverse employment action.
Key point: A zero tolerance policy does not require that an employee be discharged for violations - only that appropriate, progressive disciplinary action be taken.
