Liability for unfounded "fear firing" under ADA: a real threat of violence, or just the postal worker metaphor?
Employers are sometimes confused with employee conduct that is truly a menace to the welfare of co-workers. Often, unusual behavior is perceived by others as being threatening but is not truly so. Managers must differentiate and act appropriately under the circumstances. This article outlines somes of the situations that may arise and provides guidance for managers' response within the rules set forth by the Americans with Disabilities Act (ADA). A policy of zero tolerance for disruptive acts may serve most practices well. The appropriate use of professional evaluations and employee assistance programs (EAPs) is also discussed.
Gregg
Bob
B
Boardman, Suhr, Curry & Field LLP, Madison, WI 53701-0927, USA. rgregg@boardmanlawfirm.com
D006233:Persons with Disabilities / Q000331:legislation & jurisprudence; D004651:Employment; D006282:Health Personnel; D014481:United States; D014754:Violence