b'mistreatmentisstraightforward.IfanemployeraffirmativelyBut, thats impossible: Derek runs Oil Express, an oil and gas mistreatsanemployeebecauseofadisability,itcanbedrilling company. Henry, an employee of the company, is injured actionable. severely in an accident at a site. He is no longer able to use his right arm. Derek feels for Henry but does not think Henry can Disparate impact remains more subtle. If an employer creates a return to work after he returns from workers leave. He spends policy that is neutral or non-discriminatory on its face, that policysome time on the Internet looking for solutions and asks Henry might have a consequence of negatively impacting disabledfor his thoughts. Henry does not know where to start. Feeling workers more significantly than others. This is less likely in ahe met his obligations, Derek lets Henry go. Henry files a claim. disability situation, but it can happen.Did Derek do anything wrong? Maybe. Spending a little time on the Internet is likely not enough to meet the requirement Whatifmyemployeeviolateswithoutconsent:Employersofworkinginteractively.Thereareorganizationsthathelp may be liable for the actions of their employees who commitanswer these questions for employers at little or no cost. The discriminatory acts without the employers knowledge. Texas Department of Assistive and Rehabilitative Services, forexample, can provide guidance to inexperienced employers.Whatifnoaccommodationworks:IftheemployerandtheWhat Should I Do: employee engage in an interactive effort to find a reasonable accommodation and come up empty or discover the solutionsGood: Establish a written policy notifying employees to bring are just too hard on the business to make them workable, thedisabilities requiring accommodation to the companys attention. employer may terminate the relationship. Because of the risk of Becarefulnottoassumeanemployeeshealthissueisa a claim, however, it is strongly recommended that the employerdisability until the employee complains about it. Work with any consult a qualified employment attorney to be sure they havedisabled employee to find a reasonable accommodation, and done everything possible before terminating the relationship. be careful a reasonable accommodation may be a period of unpaid time away from work for treatments.Common Situations: Youre outta here: Bob, who is blind, is called into his managersBetter: The above and train one employee to be knowledgeable officeandletgofromthecompany.Bobsmanagerisaabout the act, and address all complaints to that person to get a nonconfrontational person. Instead of explaining to Bob that hebetter result. Be wary of harassment or segregation. A disabled is being fired for totally screwing up a major project, she tells himemployee may still make a claim even with accommodation if that the company is experiencing financial difficulty and cannotthe employer harasses or ostracizes him or her.afford him anymore. She thinks this will be a softer blow and certainly will make for an easier termination meeting. Bob carriesBest:All of the above and create job descriptions outlining the a chip on his shoulder about his disability and is convinced heessential functions of the job and any physical requirements of was let go because of his blindness, so he files a disabilitythe job. This will set the standard in case a claim for disability discrimination claim. Bobs employer is off the hook becausediscrimination is made. Carefully sanitize job postings to avoid disability wasnt a factor, right? Hopefully, but the employer hasunnecessarily leaving out disabled persons.made it much more difficult. When the lawyer explains the real reason Bob was let go, it will look like the employer is lying, and a jury could infer discrimination.42'