Plant Services - July 2008 - (Page 53)

Lapp Group's New Full-Line Product Catalog tions using only one hand. Under federal law, the Americans with Disabilities Act (ADA), Acme must reasonably accommodate a disabled employee unless it poses an undue hardship. One way to reasonably accommodate a disabled employee is to transfer him to an open position for which he is qualified. “Qualified,” in this sense, means that the employee has the skills, experience and education to perform the job and can perform the essential functions with or without reasonable accommodation. The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, says the employee doesn’t need to be the best-qualified for the position. Regardless of the type of accommodation, Acme violated the ADA by failing to engage in an interactive dialogue with Joe about the ways in which he could be accommodated. Julie Badel, partner Epstein Becker & Green, P.C (312) 499-1418 jbadel@ebglaw.com The humanitarian in me says that Acme handled this poorly. There’s no indication that Joe had been anything but a solid employee. He didn’t cause the accident by engaging in risky behavior. Acme could have worked with him to provide accommodation for his disability or to provide him with skills training for a different position. Perhaps the long history of selecting only the best-qualified person should have given a preview of how accommodating Acme would be. I’m a firm believer in policy consistency – 98% of the time. Consistency allows the workforce to count on policies and procedures. This increases efficiency and effectiveness. Beyond what the law says, sometimes an organization must do the right thing. Actions that might appear to be the best current decision can have negative consequences in a broader sense. What message does Acme send to its workforce by not working in Joe’s best interest? I’ve written earlier about the role of trust in an organization. It’s the key element that reduces conflict and increases teamwork; it’s what fosters the best work environments. Everything a supervisor does either builds or reduces trust. Acme acted in a manner that reduced trust. It’s not necessarily discriminatory to select the best candidate. It’s discriminatory to craft a job description that eliminates qualified people because of physical or other challenges. I believe Joe has a basis for his lawsuit. We didn’t www.PLANTSERVICES.com A corporate consultant says: Everything a supervisor or manager does either builds trust or reduces trust. Whether Joe can perform the job will determine who prevails in his lawsuit. This depends on whether two hands are required to use a computer and a mouse. Everyone knows a person can operate a keyboard with one hand, but it’s not an efficient way to work, and using only one hand takes twice as long as using two. Is it an essential function of the router job that the employee type at a certain speed? Can Joe type at that speed using only one hand? Can Joe type at all? Another interesting question is whether Acme could have accommodated Joe in the order picker’s job by using other employees to pick the occasional heavier item, while allowing Joe to continue to pull those lightweight items that he could lift with his good arm. Whether this is a reasonable accommodation depends on how frequently heavier items need to be moved and how disruptive it would be for other employees to assist Joe. July 2008 The Lapp Group of North America is pleased to announce the release of our new 728 page product catalog. Included in the new catalog is our full range of OLFLEX®, UNITRONIC®, and ETHERLINE® cables, EPIC® connectors, SKINTOP®, SILVYN®, and FLEXIMARK® accessories, value-added and custom services. Many enhancements have been made to this new edition. New features include: • Complete your installation guides • Standard put-ups • Technical comparison charts in the front of each section. New products include: • OLFLEX® Tubing & Sleeving • EPIC® M23 Connectors • EAB, EAC & EPT Mil Style connectors • NFPA 79 2007 compliant cables. For additional information or to request a catalog visit www.lappusa.com. 888-456-3539 www.lappusa.com 53 http://www.lappusa.com http://www.lappusa.com http://www.lappusa.com http://www.PLANTSERVICES.com

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Plant Services - July 2008 Contents From the Editor Letters The PS Files Up and Running Crisis Corner Asset Manager Technology Toolbox Cover Story Compressors Power Transmission Flooring Web Hunter In the Trenches Product Picks Classifieds Energy Expert

Plant Services - July 2008

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