How do we handle irrational manager? 09-08-2008

What if a manager behaves irrationally at certain times (rude to co-workers, mischaracterizing conversations and discussions with co-workers so that others are wrongly led to believe her co-workers are non-responsive or incompetent)? What if the same manager openly communicates to co-workers and HR during these times that she forgot to take her medication, or didn't have money for medication? Can we consider this a request for reasonable accommodation under ADA and ask her about her condition and medication? In the alternative, can we discipline or terminate her for her erratic behavior?

Rita Risser Replies:

You are on notice that she has a potential disability. You cannot ask about her condition! You should work with your company lawyers to develop a script of a written notice to her. It would document factually what has occurred - "On (this date) at (this time) you said to (name) "(what she said)." After listing all of the incidents (yes all) then you would state, "This violates our company policies of (name the policies)." Make sure that these policies are consistently enforced. I certainly have known CEOS and VPs who do all that and more. If they are not consistently enforced, you will have a very hard time enforcing them now.

Assuming the policies are consistently enforced, after stating in the memo which policies have been violated, state the desired behavior and the consequences. "You must treat all co-workers with respect and be truthful at all times. Failure to do so will lead to further discipline up to and including termination." Then you might state, "You have referred in the past to "medication" that you are taking, or not taking. If you have a disability and wish to be accommodated under the Americans with Disabilities Act, please inform (HR manager name)."

Whether or not you actually have to accommodate depends on the facts of your situation. The ADA requires employees to be able to do the essential functions of the job. On September 2, 2008, the EEOC issued guidance on ADA and performance/conduct issues here. The answer to Question 9 states: "Certain conduct standards that exist in all workplaces and cover all types of jobs will always meet this standard, such as prohibitions on violence, threats of violence, stealing, or destruction of property. Similarly, employers may prohibit insubordination towards supervisors and managers and also require that employees show respect for, and deal appropriately with, clients and customers. Employers also may: prohibit inappropriate behavior between coworkers (e.g., employees may not yell, curse, shove, or make obscene gestures at each other at work)." ...

Similarly, I believe an essential function of every job is to be truthful at all times. Also, the courts consistently have held that providing medication for an employee or monitoring whether or not she takes it are NOT "reasonable" accommodations.

Good luck.

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