Forced to go on a company retreat

Caroliso

here's an odd one--
I've just learned that a manager has arranged a "mandatory" one-day (not overnite) retreat in an outward-bound type setting for his team's annual retreat. he has not released any details about what will take place but I can imagine it is one of those "confront your boundaries" type seminars that may include outdoor activities.
the employee who brought this to my attention has concerns because of health reasons (severe allergic reactions to foods and insects among them). She has talked to the director of the retreat site and her fears have not been allayed.
I have many concerns about this from an HR point of view, but I'm interested in any possible legal issues that should be considered. For example, if the manager should want to penalize the person for refusing to go, is there a legal reason for not doing so? (btw, person is not in a protected class) from an ADA perspective, are we at risk for putting a person in a position where in order to defend a refusal to go they must disclose aspects of their medical history they do not wish to?

Paul in Cannon Beach

Just from a morale standpoint it seems this manager needs to re-think the secrecy aspect of the retreat. I have found that most people really dislike participating in events without being told beforehand what to expect. The reasons for this are many: health concerns, emberassment, phobias, etc. Usually, when they are in the dark the expect the worst!

I would explain the nature of the retreat, what it will involve, why we are doing it, and offer everyone the opportunity to ask questions privately.

It would be fairly counterproductive to plan a team building retreat that ends up creating discord, distrust, and a bad rash.

[email]paulknoch@hotmail.com[/email]

Theresa Gegen TX

First, I hope the team is getting paid for attending this retreat. Since it is mandatory, seems like it is work hours to me.

Second, if this employee (and others) get injured at the retreat, the company could face some liability -- from worker's comp claims, or worse.

I would think that since the employee has brought forth her medical issues, the company should respond by doing what it can to assure her. Apparently whatever was said to her wasn't enough. If she needs to be told more about the retreat to feel secure, that should be ok with the manager.

Good Luck!

Caroliso

Thanks to both of you for responding. I spoke with the manager and he was sorry to learn of the employee's distress, thought he had answered her concerns as best he could. He did not require her to go, and she was much relieved.
And yes, it was held on company time!