ugly arms

Traceyd

I wasn't sure exactly which topic to post this question so here it goes. As you may or may not know, I am an HR of one and constantly struggling with implementing HR issues that have never been addressed and figuring this all out as I go. So here is my current problem. I have an employee who obviously has a nervous problem and is constantly "picking" and "scratching" at her arms. Due to this, she has sores and scabs all over her arms. Not a pretty sight!! And, not only have her co-workers suggested she stop scratching so the sores will heal, but our customers are starting to make comments. The problem is most people don't know why her arms look like this, so it is creating much concern and curiousity amongst some of her co-workers and most especially the CEO-Oh, crap!! Now for my question- can I legally talk to her about this? And, what should I say without crossing any legal issues?

Paul in Cannon Beach

I think you are generally ok "discussing" issues with employees from the standpoint of how you can help them or how they can help themselves attain the level of competency, appearance, and professionalism you desire.

Its when you start making employment decisions (promotions, terminations, etc) based on these issues that you must tread carefully.

So I would pull this employee into my office with a 3rd person (possibly her supervisor) and just address the issue from a standpoint of concern. You can mention your legitimate need for your employees to maintain a professional appearance.

It would seem this employee needs some assistance of some kind to manage this behavior. Perhaps you can help by referring her to your EAP or some other source.

I wouldn't just ignore the problem because you are concerned about legal issues. Start from a place of compassion. If this employee were your sister, how would you want her employer to respond?

Sharon McKnight SPHR

I agree with Paul. The only thing I would add is to be sure and appropriately document that conversation.

Sharon

Traceyd

Thanks so much for your advise. I was pretty sure with everything I have read that this issue could be addressed with the employee in a compasionate nature-which is what it is. She is a good employee that everybody gets along with and we really have no problems with. I will address the matter as you requested.

Thanks again!!!

Paul in Cannon Beach

Good luck, Traceyd. I hope you will let us know what the outcome of your conversation was. I think we could all learn from your experience.

sonny

Just me, but don't think I would venture to EAP at this point. .

joannie

You stated the condition was "obviously" a nervous condition. Are you certain about that and that it doesn't stem from a medical condition? I hate to use four letter words, but ADAA.

sonny

That was my concern about EAP. .could be medical

Paul in Cannon Beach

Why would you make that jump to medical and ADA?

It seems to make more sense to start from a workplace standpoint. All workplaces have expectations of appearance. If the employee brings in a medical condition then fine, deal with it from that vantage.

But I don't understand why you would assume its medical and that the ADA somehow applies here. What am I missing?

NaeNae55

Just the words "obviously a nervous problem" scream ADAAA to me (ie considered as). But then, I am the accountant here so tend to look at loss risk automatically.

ACU Frank

That phrase would cause the "regarded as disabled" clause of ADA to kick in...

Still Need Coffee

In order for it to qualify as "regarded as disabled," wouldn't you have to also be assuming that this perceived disability renders the employee unable to do their job without accommodation? I don't think the original poster is implying that the employee can't do their job, just that their arms are bothering other employees.

ACU Frank

The impression I have from some recent rulings is that the "regarded as disabled" seems to be an easier case to make...

Paul in Cannon Beach

I guess that is why I would steer clear initially of making any "medically related" determination and deal with this from the standpoint of a behavioral issue that can be mitigated through some counseling (hopefully).

I guess I would see scratching or picking at scabs in the same light as chewing your fingernails or popping your knuckles. They are "nervous habits" but hardly disabilities.

Traceyd

[QUOTE=joannie;723022]You stated the condition was "obviously" a nervous condition. Are you certain about that and that it doesn't stem from a medical condition? I hate to use four letter words, but ADAA.[/QUOTE]

This employee is currently in an unfaithful relationship and her co-workers have indicated to me this ugly arm thing started when she began having problems within her relationship. She works in a branch location of only 4 employees, so the staff is pretty close and hear about "all" her personal problems. She is a good employee and liked by her co-workers and they have just indicated concern. I will let you know how the "talk" goes. Thanks for all your good advise. And, yes... ADAA did enter my mind.