Plant Services - December 2007 - (Page 39)

assuming the company adhered to its normal progressive disciplinary steps and warned the employees first. These employees, after all, are employees at will. Julie Badel, partner Epstein Becker & Green, P.C. (312) 499-1418 jbadel@ebglaw.com A corporate consultant says: It seems unrealistic, and unreasonable, to expect every person in any group to accommodate one member. Even ADA’s requirements that structural changes accommodate the physically disabled, and that work processes be modified to accommodate certain mental and physical challenges, don’t necessitate acts of accommodation by each and every employee. Chris is seeking to dictate that “the masses” change their to ease a condition he knew he had when he took the job. It’s his responsibility to find work that minimizes his discomfort, rather than the responsibility employees to customize the workplace to Chris. Chris is allergic to almost every scent. It’s unlikely he would be comfortable in anywhere. However, the need for clerical work is omnipresent, and Chris could find a job where scents are less common, such as allergy clinics, medical/laboratory facilities, food processing or high-tech cleanroom facilities. He doesn’t have an ordinary condition, and shouldn’t have sought work in an ordinary environment. It’s outrageous to suggest that Acme refused to accommodate him. Indeed, they took many initiatives to make him comfortable, including an all-employee email asking for courtesy regarding the use of scent, and reconfiguring workspace to insulate him. These actions surpassed what the original medical form suggested was necessary. Many individuals altered their routine to suit him. All this - for an employee whose intellectual capital isn’t essential to the competitive differentiation, and whose skills are replaceable. I’d have sought legal ways to terminate Chris during his first 90 days. Failing this, I’d get a cost/benefit analysis of litigating/settling versus implementing a telecommuting policy to allow Chris and others to work from home. Clearly, Chris’ discomfort is perpetual, and there’s no degree of on-site accommodation by Acme that would eliminate his discomfort. This fact isn’t Acme’s fault nor is it Chris’ fault. But the time spent attempting to tailor the work environment to Chris doesn’t make good business sense. Francie Dalton Dalton Alliances Inc. (410) 715-0484 fmdalton@daltonalliances.com December 2007 www.PLANTSERVICES.com 39 http://www.commtest.com http://www.commtest.com http://www.PLANTSERVICES.com

Table of Contents Feed for the Digital Edition of Plant Services - December 2007

Plant Services - December 2007 Contents From the Editor: Orange Alert The PS Files: Pressed into Innovation Up and Running What Works: Samuel Adams Facility Refreshed in Cincinnati Energy Expert: Energy's "Perfect Storm" Technology Toolbox: Know Your Position Cover Story: Get a Grip on the Steamer Piping: Outside Looking In Web Hunter: Potpourri X In the Trenches: Making a Big Stink Boiler Room: Getting Educated

Plant Services - December 2007

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