You Can't Do That! Or Can You?

Your company's conduct policy requires employees to show respect to one another, clients and customers including refraining from lewd, derogatory, obscene or profane remarks.  One of your employees engages in periodic, verbal outbursts directed towards coworkers as well as clients or customers, sometimes including profanity or racial remarks.  If the employee's outbursts are the result of a disability, such as Alzheimer's, dementia or Tourette Syndrome, must the employer permit the employee's verbal outbursts as a reasonable accommodation under the Americans with Disabilities Act (ADA)?

Or what about production standards? Take the case of an employee who is performing below expectations. The employee does not disclose that he has a disability to the employer nor does he request a reasonable accommodation. But the employer perceives that the employee has a disability. May the employer proceed with corrective action, a transfer to another job or termination or must the employer provide the employee with a reasonable accommodation based on its perception? The 2nd Circuit Court of Appeals recently held that the transfer of the employee to another position violated the ADA; the employer should have provided a reasonable accommodation based on its perception that the employee had a disability.

The ADA covers employers with 15 or more employees; it prohibits discrimination in employment against qualified individuals with disabilities and requires employers to provide a reasonable accommodation to qualified individuals (employees and applicants) with disabilities. On September 3, 2008 the U.S. Equal Employment Opportunity Commission (EEOC) announced its publication of a new Question and Answer Guide addressing "The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities."

And then what about managing work performance issues in general and for non-disabled employees? How and when should performance standards and expectations be established?  What are some common biases and errors to avoid when conducting performance appraisals or evaluations?  What are some proactive tips for establishing a performance improvement plan (PIP)? And when coaching and counseling do not work, when is enough, enough such that termination may be an appropriate next step?

Join FiveL Company's next webcast, "Proactive Performance Management" on Wednesday, October 22nd from 10:00 - 11:00 a.m. EST as we review the new EEOC Guidance as well as general tips, methods and strategies for proactively setting performance expectations, evaluating/appraising work performance, holding all employees accountable, developing and enhancing related HR policies, procedures and practices!

     Hot Hits!! Education Corner

Public Seminars & Presentations

None scheduled this month.

NEXT WEBCAST!

Wednesday, October 22nd, "Proactive Performance Management?" 10:00-11:00 a.m. EST. Did you miss last month's webcast or any in the 2007-08 series? Each webcast is archived and you can access any one or all of them from the website for a reduced fee!

All webcasts are pre-approved by HRCI for 1.0 Strategic credit!

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October's Client Training Programs

"HR and the Law for Managers"

"Decision Making: Tips & Tools"

"Managing Disability & Leave Issues"

"Maintaining an Inclusive Workplace"

"Recruitment, Selection & Hiring"

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Train-the-Trainer Programs on the Rise!

Are increasing travel and transportation costs making the cost of hiring a consultant to provide multi-site or multi-state training for your company out of reach?  Did you know FiveL Company offers Train-the-Trainer programs?  Programs include:

• tailor made training materials;
• on-site "live" presentation(s) for in-house trainers to observe;
• PDF files for reproduction of participant handouts;
• PDF files of corresponding Powerpoint slides; and
• Facilitator's Guide that provides a "script" for the program! 

Call today for an estimate!   

    Sneak Peak! ADA Amendments Act of 2008 Becomes Law!  

    Supplement for Maryland Employers: Two New Laws Take Effect

• may apply to an employer with 15 or more total employees even is less than 15 work in the State of Maryland;
• defines immediate family to include parent, spouse and child;
• does not define child, so adult children may be included;
• does not require that the employee be needed to provide care for the immediate family member;
• requires the employer to permit the employee to choose which type of paid leave s/he wishes to use if more than one type is offered;
• does not permit an employer to, “discharge, demote, suspend, discipline, or otherwise discriminate against an employee…” (emphasis added); and
• applies to any and all paid leave that is earned or accrued prior to October 1, 2008 according to an opinion letter published by the Attorney General.