Two reasons not to forget about the ADA’s interactive process

Two recent EEOC cases illustrate the importance of employers engaging in the ADA’s interactive process to determine if one can offer a disabled employee a reasonable accommodation.

WIRTW #401 (the “rock off” edition)

Last Saturday night Norah performed to a crowd of 1000-plus inside the Rock & Roll Hall of Fame. We weren’t allowed backstage, but heard that she was pacing a trench of nerves into the Rock Hall’s floor before her band took the stage. Was she nervous about having to perform in front of a crowd that large in the most important gig of her young life? Nope. “I don’t get nervous about that, dad.” She was just nervous that the cold she’d been fighting would cause her voice to crack. It didn’t, and she rocked the Rock Hall.

The future of rock is in very good hands, the 15-second video evidence. @hsrockoff @schoolofrockcle @rockhall #thisiscle

A video posted by Jon Hyman (@jonhyman) on Feb 14, 2016 at 6:52am PST

Here’s the rest of what I read this week:

Essential reading: Harvard Business Review’s step-by-step guide to fire someone

File this under posts I wish I’d written. Yesterday, the Harvard Business Review published A Step-by-Step Guide to Firing Someone.

Firing an employee is the most difficult job any business owner, executive, manager, or HR person has to do. I’ve been there. It absolutely sucks. (And it absolutely sucks even more when the fired employee breaks down and starts crying). HBR synthesizes the process in three essentials tips to handle the decision, and five (not-so-easy) steps for the termination itself.

Hug it out, just not necessarily at work

“Do hugs belong in the workplace?“ is the headline of a story on Cleveland.com that caught my attention.

The hug just may be on its way to competing with the handshake as a common workplace greeting. The percentage of people who say they would hug co-workers—that they either know well or haven’t seen in awhile—nearly doubled from five years ago, according to a recent poll.

Of course, one person’s hug is another’s creepy gesture or, worse, inappropriate advance. Where is the workplace line?

Intermittent FMLA does not permit sleeping on the job (usually)

Let’s say you have an employee approved for intermittent FMLA for migraine headaches. Let’s also say co-workers of said employees find her asleep at work during her shift. When you fire the sleeping, migraine suffering employee, do you have potential worries under the FMLA?

According to Lasher v. Medina Hops. (N.D. Ohio 2/5/16), the answer is a resounding “no”. The issue, however, is not as cut-and-dry as this case makes it seem.

Scalia

I was on my way to the Rock and Roll Hall of Fame to watch my daughter perform at the High School Rock Off when my phone started going nuts with updates, letting me know that Justice Antonin Scalia had unexpectedly passed away. Everyone will not agree on his legal and constitutional interpretations, but everyone universally agrees that without him, Supreme Court oral arguments will be much less interesting, and Supreme Court opinions will be a whole lot more boring. I cannot remember a Supreme Court without his sharp wit and styling prose, which cannot be replaced.

WIRTW #400 (the “400th” edition)

Here’s the rest of what I read this week: