employee has dyslexia
Carolil
79 Posts
I was approached by a manager a few weeks ago who explained problems she was having with an employee's work. Employee makes incorrect entries into a database. When these are pointed out, she goes back and corrects them, but doesn't seem to take in the overall problem and figure out how not to make mistakes the first time. Manager finds she has to have someone proof employee's work. This and other work problems have her considering a performance improvement plan.
Employee just emailed me to say she was having problems with the manager. She has mentioned several times that she has a disability, dyslexia, and the manager doesn't seem to get it, explains things to her "in a condescending way." Manager has asked her what she can do to improve the work environment.
I believe these two interactions put us on a course of identifying employee's disability and getting her to articulate what she needs to get her job done, but I'm not sure what my next steps should be. Actually, I've already taken one step... asking her to think about what she would request that would help her get her job done, but then what? Do I take it to her supervisor as a request for accommodaton? Do I need to request a medical diagnosis first?
Thanks in advance for your advice.
Employee just emailed me to say she was having problems with the manager. She has mentioned several times that she has a disability, dyslexia, and the manager doesn't seem to get it, explains things to her "in a condescending way." Manager has asked her what she can do to improve the work environment.
I believe these two interactions put us on a course of identifying employee's disability and getting her to articulate what she needs to get her job done, but I'm not sure what my next steps should be. Actually, I've already taken one step... asking her to think about what she would request that would help her get her job done, but then what? Do I take it to her supervisor as a request for accommodaton? Do I need to request a medical diagnosis first?
Thanks in advance for your advice.
Comments
Your employee needs to provide you with a diagnosis. Is there anyone she sees to help her deal with this? You may need to provide the expert with her job description and get their opinion. What does she believe is needed in order for her to perform the essential functions of her job and is it a reasonable accomodation? Is accuracy one of the essential functions of her job? Is it spelled out in her job description?
You also need to talk to the manager. The manager needs to understand what is at stake here. Sometimes we have to work with employees to get the results we want, and this manager needs to understand that. The manager also needs to understand the importance of handling disabled employees correctly.
I do not think having a manager continually proof an employee's work is a reasonable accomodation, but some proofing may be reasonable. You need to get all your facts and suggestions together before you make a decision.
Good luck!
Nae
Is there any good answer to the question from my manager about "if she has dyslexia, isn't it her obligation to raise it when she takes the job?" My answer is "technically, yes, but I can imagine a number of scenarios where one wouldn't, and it isn't useful for that to be our operating position at this point in the process."
HRLaws has an audio conference that may be helpful: [SIZE=1]
[/SIZE][B][URL="http://www.hrlaws.com/audio/YE1AW1"][SIZE=1]Depression and Other Mental Illness Under New ADA: Accommodation Practices for HR[/SIZE][/URL][/B]
Also, a few articles concerning bi-polar disorder:
[URL]http://www.hrlaws.com/search/apachesolr_search/Bi-polar Disorder[/URL]
A few articles about mental illness in general:
[URL]http://www.hrlaws.com/search/apachesolr_search/Mental Illness?solrsort=created desc[/URL]
Also, here's a link to JAN that Nae mentioned: [URL]http://askjan.org/[/URL]
Hope this helps.
Sharon
Also, here's a link to JAN that Nae mentioned: [URL]http://askjan.org/[/URL]
Sharon[/QUOTE]
Thanks for the credit, but actually it was Cheryl. **==
@Sonny: ee worked for about 4 months as a temp, no complaints. has worked as an ee a little less than a year.
Q1. we are project based, which means that other managers may have work to offer this employee short or longer term. what should be my strategy as the ee looks for other work at our company (which I know she will as she is part time right now)? should I counsel her to consider carefully her ability to perform the work with or without accommodations for her dyslexia, and then to disclose it to her hiring supervisor once she accepts the work? I assume I can do nothing with potential supervisors except make sure they show her the job description and ask her if she can perform it. Anything else I could/should be doing?
Q2. She has mentioned dyslexia and one support that might help. She has not mentioned ADA or "accommodation." How do I (or do I) talk to her about my responsibility to look into this more deeply? Do I mention her rights and our obligation under ADA at this point? I'm inclined not to, but if worst case scenario she doesn't want to provide a medical certification, or have me provide a job description to someone who can advise on job accommodations, how do I know she is aware of what she is declining and the protections she is opting out of?
Thanks, NaeNae, I did have that conversation with the managers and they do get it, and the need to keep it confidential which is always a concern in our environment.
Q1. we are project based, which means that other managers may have work to offer this employee short or longer term. what should be my strategy as the ee looks for other work at our company (which I know she will as she is part time right now)? should I counsel her to consider carefully her ability to perform the work with or without accommodations for her dyslexia, and then to disclose it to her hiring supervisor once she accepts the work? I assume I can do nothing with potential supervisors except make sure they show her the job description and ask her if she can perform it. Anything else I could/should be doing?
Q2. She has mentioned dyslexia and one support that might help. She has not mentioned ADA or "accommodation." How do I (or do I) talk to her about my responsibility to look into this more deeply? Do I mention her rights and our obligation under ADA at this point? I'm inclined not to, but if worst case scenario she doesn't want to provide a medical certification, or have me provide a job description to someone who can advise on job accommodations, how do I know she is aware of what she is declining and the protections she is opting out of?[/QUOTE]
I forsee some sticky situations for you. If this employee goes after a job with another manager will the new manager talk to the old one first? If so, and the new manager doesn't take the employee on, she could sue on the basis that she wasn't hired due to her disability. Make sure all you managers understand the ADA implications so no one breaks the law, or appears to break it.
After reviewing your questions here are some things I think I should point out. 1) The employee should be able to apply for any job for which she believes she is qualified. When you have your interactive discussions, the most I would say is that she needs to come to you sooner rather than later if any accomodations are necessary in any other positions she might fill at your company. If she is hired by another manager, follow up and make sure the manager understands the situation and that the employee is being appropriately accomodated. 2) It is not up to her to tell you she is ADA qualified and needs an accomodation. She told you she has dyslexia and that is all the notification you need. You then begin the interactive process. I shy away from the term 'medical certification' when it comes to ADA issues. If that is what you require from other employees with disabilities though, then you should here too as you need to be consistent. 3) When you talk to her let her know that this is an interactive process, and that you will do your best to provide a reasonable accomodation. Her part is to provide evidence of her disability, and help you accomodate her. Since every situation is different, this may or may not include talking to her provider. If she is seeing one though, you have the right to send the job description to them and make sure the accomodations you are providing are appropriate. If she refuses to participate in the interactive process, then she has no protections. That seems unlikely though, since she has been very forthcoming about her disability.
In all of this one of the most important things you can do is document your conversations and your efforts. If you are inexperienced in ADA, it might be worth it to hire a consultant or lawyer to help you through it.
Good luck!
Nae
about a year.
I am glad you contacted your attorney. Like other professionals they can make mistakes, but if they do you have some recourse. Good luck!