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Most people with disabilities will not require any different or additional supervision than other employees. Supervisors may in fact be completely unaware that a particular employee has a disability. It is likely that the employee will only disclose her/his disability if an accommodation is required. In this case, there are a number of considerations.
When co-workers have questions and concerns When faced with a disclosure situation, the manager/supervisor must not only accommodate the disability, but also consider how to address possible inquiries from other employees. To the outside observer, many accommodations appear to be giving preferential treatment to a particular employee. While the supervisor may not disclose the disability to others, it is important to address these concerns in order to avoid ill-feelings among co-workers. One solution may be to develop an awareness program for employees and supervisors that educates them about hidden disabilities and addresses their feelings concerning disability and accommodation. An employer may not tell other employees whether an accommodation is being provided for a particular individual. A statement that an individual receives a reasonable accommodation discloses that the individual probably has a disability because only individuals with disabilities are entitled to reasonable accommodations under the ADA. In response to coworker questions, however, the employer may explain that the action taken is for legitimate business reasons or in compliance with federal law. Adjusting supervisory methods as a form of reasonable accommodation Supervisors play a central role in achieving effective reasonable accommodations for their employees. In some circumstances, supervisors may be able to adjust their methods as a reasonable accommodation - for example, communicating assignments, instructions, or training by the medium that is most effective for a particular individual (e.g., in writing, in conversation, or by electronic mail). Supervisors also may provide or arrange for additional training or modified training materials. Adjusting the level of supervision or structure may enable an otherwise qualified individual with a disability to perform essential job functions. For example, an otherwise qualified individual with a disability who experiences limitations in concentration may request more detailed day-to-day guidance, feedback, or structure in order to perform his job. Standards of Performance and Discipline In general, managers/supervisors should expect the person with the disability to meet the same standards of performance as all employees. An employee with a disability who fails to meet performance standards or whose conduct on the job is inappropriate should receive the same treatment as an employee without a disability. In most cases, documentation of poor performance or misconduct should be collected, and the employee should be advised that there are issues of concern. As with any employee, the disabled employee’s failure to address performance or conduct issues may result in letters of counseling, suspension, and even termination. The disabled employee has the same rights as the non-disabled employee to appeal these personnel actions. If the conduct of an employee with a disability violates a rule that is job-related and consistent with business necessity, such as the salesperson who is rude to customers and disrupts the workplace, the employer has an obligation to attempt a reasonable accommodation for that person. If no accommodation is effective and the problem still persists, then the individual with a disability is no longer “qualified” and can be terminated. In this case the employer’s usual personnel procedures would be followed. If an employee waits until after engaging in job-related misconduct to reveal that the misconduct is due to a disability, the employee can be disciplined as long as the discipline is being applied consistently to employees with and without disabilities. If the appropriate discipline for the past misconduct was termination, then the termination stands. In that event the individual is no longer a qualified individual with a disability and the employer has no obligation to provide reasonable accommodation for that individual. Making a disability known after the fact does not excuse past misconduct. It applies only to future conduct - assuming the employee is still employed and provides appropriate documentation. Performance Appraisals Once any necessary accommodations are made to help the employee with a disability function on the job, no other special consideration need be made. As with a non-disabled employee, an employee with a disability must be evaluated according to the items in her/his annual performance plan or agreement. Managers/Supervisors should identify the individual’s strengths and address her/his weaknesses. As with any other employee, direct and honest feedback aimed at improving performance is always appropriate. Promotions When considering individuals for promotion, do not rule out employees with disabilities. People with disabilities have the same desire and skills for promotions as other employees. They may, however, be concerned about the demands of the new position and whether or not they can handle it. In such a case the employer should discuss the possible accommodations when presenting the opportunity for promotion. If any kind of examination is required for promotion, the employer needs to ensure that the exam does not rule out employees with disabilities. |