Does HWE apply to ADA?

Previous | Next
 rated by 0 users
Latest post Tue, Jun 28 2016 6:21 AM by Drew. 11 replies.
  • Wed, Jun 15 2016 3:28 AM

    Does HWE apply to ADA?

    Does the concept of a hostile work environment apply to ADA issues?

    In the circumstance I'm thinking of, a person with a disability that involves chronic pain must take prescription medication sometimes.  Although the prescription medication does not impair this person's ability to perform their job, co-workers started rumors that the person is a "drug-head", withhold important work related info from the individual, and then complain that the individual "doesn't know" important job-related info, and have engaged in a concerted effort to convince management to get rid of the individual because of their perception that the individual is a "drug-head."

  • Wed, Jun 15 2016 5:59 AM In reply to

    Re: Does HWE apply to ADA?

    My guess is: neither.

    At least, not until the employer acts in a way that is detrimental to the employee.

    Then, the particular circumstances would have to dictate whether it's HWE or ADA.

    No help, right? :-)

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jun 15 2016 7:35 AM In reply to

    Re: Does HWE apply to ADA?

    The employer has already acted in a way detrimental to the employee.  The employer has the employee on a 6 month concentrated evaluation plan that the employee needs to pass in order to remain employed. The employer has already flunked the employee several months out of the 6 for things that seem trivial;  for example, completing 36 assigned projects perfectly and on time, but having to re-work some minor work on the 37th due to a miscommunication about what was expected. (Basically, the employee did it successfully in the way that kind of project always has been done in the past, but didn't realize (claims s/he was never told...) that the way it was supposed to be done had changed.)

    Another one that seems trivial:  employee was given a large task involving multiple complicated excel spreadsheets.  Excel wasn't working right, help desk had to be called, finally came and reinstalled, etc., etc. When employee advised supervisor that it might be late due to I.T. problems, supervisor said, "Well you should have used [another tool that the employee had never heard of] instead!"  So the employee was flunked on one month's evaluation for that.

    You know how it goes -- everybody knows that when an employer wants to get rid of an employee its easy to create a documentation trail allegedly showing that the employee is incompetent.  And that is currently on-going.  Nobody is 100% perfect 100% of the time -- so documenting every tiny little deviation from 100% perfection counts as documenting the employee's alleged "incompetence."

     

  • Fri, Jun 17 2016 6:20 AM In reply to

    Re: Does HWE apply to ADA?

    Maybe others will see different but I don't see an HWE or an ADA issue here.

    If the employer is nitpicking performance with the idea of getting rid of an employee, that could happen to anybody, even without chronic pain and medication.

    It's unfortunate, but maybe it's time for the employee to seek employment elsewhere and, on the next job, keep his medical and medication issues to himself.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Jun 17 2016 7:34 AM In reply to

    Re: Does HWE apply to ADA?

    adjuster jack:

    Maybe others will see different but I don't see an HWE or an ADA issue here.

    If the employer is nitpicking performance with the idea of getting rid of an employee, that could happen to anybody, even without chronic pain and medication.

    It's unfortunate, but maybe it's time for the employee to seek employment elsewhere and, on the next job, keep his medical and medication issues to himself.

     

     

    But the reason for it is (on my understanding, and no, this is not me!) that co-workers have been complaining that the person is a "drug-head" for years.  When a new supervisor arrived, they got the new supervisor's ear first and the new supervisor decided to get rid of the "drug-head."

    This person had complained to HR previously on several occasions, and was told that telling rumors is not an ADA violation.

    That's why I'm wondering if the concept of a Hostile Work Enviromnent applies to disabilities or perceived disabilities.

  • Fri, Jun 17 2016 5:16 PM In reply to

    Re: Does HWE apply to ADA?

    LegalSecy:
    That's why I'm wondering if the concept of a Hostile Work Enviromnent applies to disabilities or perceived disabilities

    It's a gray area (very gray) and would need an employment attorney to analyze it. Employee would be wise to consult one.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Jun 17 2016 8:21 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Does HWE apply to ADA?

    Employee needs to review the issues and facts with a seasoned litigator on ADA matters as they see them long BEFORE employee flunks 6 tests and is fired .

    It smells like employee is being subjected to unusually harsh review because they have a disability ...but smelling is not what counts. 

    If there employee cannot do the job they may be legitimate history.....but your post suggests undercurrents linked to disability....really do need  seasoned legal eyes on it.....



  • Sat, Jun 18 2016 12:00 AM In reply to

    Re: Does HWE apply to ADA?

    Yes, there can be a hostile work environment (HWE) for disabled persons. It is not limited to race and sex. It can arise in any class protected by the federal equal employment laws. I disagree with Jack that the situation you describe does not implicate the ADA or a HWE. It might, but the details matter. I also disagree with Jack's contention that the employee has no recourse until the employer takes some kind of adverse action against the employee. A lot of people do not understand HWE and the employer's responsibilty to stop it. Once the employer becomes aware that there is a HWE it has the affirmative obligation to stop it. Thus, the failure to act can result in a violation of federal law (in this case the ADA) and result the employer being held liable to the employee for it. I would urge the employee here to seek a consultation with an attorney who litigates ADA claims for advice since there is limited time in which the employee can act or he/she will lose the opportunity to get a remedy for any violation.

  • Sat, Jun 18 2016 3:25 PM In reply to

    Re: Does HWE apply to ADA?

    Thank you.  I will pass along this info.

  • Wed, Jun 22 2016 4:43 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Does HWE apply to ADA?

    There is also,something in ADA that it is not automatic and individual must request accomodation.....but I'm way out of touch as to details ...best is to seek counsel....and Promptly before employer does an exit !!



  • Fri, Jun 24 2016 2:05 PM In reply to

    Re: Does HWE apply to ADA?

    The individual does already have ADA accommodation.

    I suggested that the individual request training of co-workers on ADA issues, which request was denied.

  • Tue, Jun 28 2016 6:21 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,419

    Re: Does HWE apply to ADA?

    I think employee would be smart to get immediate legal help ..BEFORE employer flunks them on final measures ....



Page 1 of 1 (12 items) | RSS

My Community

Community Membership New Users: Search Community