How can we accomodate?

Karla · September 2002

We had an employee who was seriously injured (lost a leg) at our plant last January. He has stated he'd like to come back to work this January. With the type of work we do here (very physical), there is no way we can accomodate him with a position back in production.

The Plant Manager (bless his heart) is determined we will have a position for this gentleman when he wants to come back. His suggestion (I heard it through the grapevine) is to put this employee in the office and have him do "clerk" work. A few issues. 1. He's not qualified for a clerk job. 2. We'd have to create the job. 3. He's a union employee. 4. We haven't accomodated anyone else like this. 5. He's been an employee for over 25 years.

I would love to help this gentleman out, he's obviously one of the rare few left who have any sense of loyalty. My concern is we have several hundred other employees who would probably enjoy an office job and who are probably better qualifed than him. If we created a job for him, wont we be setting ourselves up for the next person who isn't physically qualifed to do their job anymore?

Any suggestions?

Gillian · October 2002

You may be absolutely correct about the physical limitation of the individual and the jobs in your plant, however, if you view the person as disabled without going through the evaluation process you have already run afoul of the ADA. If he wants to come back, you need to identify the job to which he wants to come back, evaluate whether or not he can do the essential functions of the job with or without accomodation, and if it is possible then enter into dialogue to figure out what the best accomodation might be. If you don't do this you leave yourself open for a lawsuit. If it turns out that there are no accomodations that would allow him to do a plant job, then you deal with the other issues. Doing something for a 25 year employee will have high returns in terms of morale and your company image with other employees. You may not want to create something just to provide a spot for the employee but maybe there is something that you can do through reorganizing some work or looking at other jobs which might be available, and for which he qualifies. No, helping this employee doesn't set a precedent for the future. It is doubtful that the same circumstance will come up again.

Theresa Gegen TX · October 2002

The prior answer was very good. The company needs to look at the essential functions of the positions that this employee could be entitled to under the union agreement. Then discuss with the employee whether there is a way he can do the essential functions. Some times employees with one leg or one arm or one eye, can do a lot more than the employer thinks. If the employee cannot do any of the jobs in his line of progression, even with a reasonable accomodation, then the employer can look for other vacancies in the facility.

This may sound harsh, but I would be very reticent about creating a job for the employee. Especially if he does not have the qualifications for the position. Sooner or later, the company will need to eliminate the position for financial reasons (bottom line -- the purpose of EVERY company is to make money, if a company keeps employees it does not need, the company becomes less efficient and less competitive). At most it could be a short time fix. At worst, the position stays for a long time and drains the company's assets. Also, the employee is going to know that he is not really contributing, and in the long run it will not be good for the employee. (It would be better for him to move on and get retraining or get a job that he can do in spite of his lost limb).

Good Luck!

WT · November 2002

Do not create a "make work" job for an employee that really does not exist. Look for a job where he can be productive for 8 hours a day. If the employee has 25 years of experience, he may well know better than you do about what he could or could not do in the plant. Bring him in and talk with him. Ask him what he thinks he can do and what sorts of things need to be done to make this possible. If there is doubt, send a description of duties and physical capabilities needed to his doctor to have the doctor look them over with an eye to what the man is capable of doing. The employee may need to drop down to a lesser skilled and lesser paid job. Offer the job if he is able to perform it. Let him decide what he wants to do.

How can we accomodate?

Comments