Practical Exercise / Human Resources
Mr. X has worked for your company for four years; you are
his supervisor during this time. You have heard from other employees that Mr. X
claims he has some type of mental problems which tend to come and go, but he
has never formally mentioned it to you or management. A few days ago, while
receiving constructive criticism from his supervisor, Mr. X became very upset,
threw a chair at a wall within two feet of hitting you, his supervisor and he
stated to you, “You are always on my back, if you do not let up you will
be sorry because I will make you pay.” Then Mr. X stormed off the job. The
next morning Mr. X and his lawyer have approached you with a written letter
that demanded a reasonable accommodation for his mental condition, which they
claim to be qualified under the ADA.
The accommodation request indicates that Mr. X failed to
take his medication for a few days before the incident and his bi-polar
psychiatric condition caused him to throw the chair and speak angry threatening
words to his supervisor. Mr. X’s proposed accommodation is to obtain the
employer’s tolerance for his actions of yelling and throwing the chair (no
discipline) and to obtain the employer’s assistance in giving him a less
stressful working environment (his request specifically includes a request for
a change of supervisors to one that is less demanding). Because his mental
condition caused the outburst, they claim that if the employer does not accept
his accommodation request would violate the American with Disabilities Act as
discrimination against someone with a mental disability.
What do you do and say?
Does your reply change depending on the type of job and what
type of access Mr. X has to customers?
Does the direct threat doctrine affect your response?
Just as you were getting ready to answer Mr. X and his
lawyer, they give you another request that is for immediate leave under the
Family Medical Leave Act. This request indicates that Mr. X has been under the
care of a Doctor for his mental condition on an ongoing basis. He wants to take
intermittent leave on Friday afternoon, Monday mornings and the afternoon
before holidays. He claims the anticipation of the absence from work causes him
anxiety and he needs to rest.
What do you think?
Would your answer change if he were asking for time to go to
psychiatric counseling every week?
How are you going to respond to these issues?
