Ada

[jader]

Ada Blues

nevada
husband is a supervisor. his manic depressive employee accused husband of striking him. Employer investigation proved husband not guilty, employee suspended pending medical eval. employee back to work with note stating he would be fine if husband doesn't touch him. employee has violent tendancies and has stated that he is angry with husband. employer says husband must have this man on his crew, or husband has the option of quitting job. employer also stated not to be around the employee alone and for husband to leave the rest room or lunch room area if they happen to be in there at the same time. does husband have rights in this? employees imagined assult has made a walking prisoner of husband.

 

[Beth3]

Dealing with mental health issues under the ADA is very, very tricky. An employer is required to attempt to make a "reasonable accommodation" and there is no specific standard for that. What one employer may be able to accommodate and find reasonable, another may not. It depends upon the work environment, the type of business, the number of employees, and the way that individual's mental health problem manifests itself.

Either your husband's employer is trying to find an accommodation and workable solution or they may be tolerating behavior that simply is unacceptable (no matter what the cause) because they're concerned about the person making a complaint to the EEOC for an ADA violation and subsequently filing suit. Your husband's employer may be badly in need of a consultation with an employment law attorney to help them wade through the issue, weigh their liability, and determine where the boundaries are of what they should and should not be trying to accommodate.

The best thing your husband can do is to try to work within the confines of the situation for the present and see what happens AND to suggest to the appropriate person that they should consult with a qualfied attorney for guidance on how to handle the situation. That means they need to speak to an EMPLOYMENT LAW attorney - not just their general business counsel who almost certainly will not have the necessary expertise.