Is this discriminatory or illegal?

[tomnationwide]

I have an employee who takes some time off and complains of Rheumatoid Arthritis, Lupus, and a host of other aches, pains, and ailments. Additionally she is a team lead.

Today I had an office contest of which it was her team vs 2 other teams with it being a "contact contest" and we are, for the record, a Collection Agency. The contest part doesn't matter but the requirement does: I made each employee say "i have a contact" loudly and stand up so I could see. She arbitrarily decided not to stand up and asked me in front of everyone if she had to stand because her arthritis was acting up. I told her yes and that ended the conversation. The immediate reward was a card game for points for a contest but instead of standing up she stayed seated and called out a few contacts then wanted a card game for points. I advised her she didn't stand so it wasn't valid so she said "this is bull**** and discrimination" and went back to her desk.

The question is...

Can I make people stand up to announce their contacts with a consumer until such time as a doctor gives me a note saying the person cannot stand up?

 

[Antigone*]

I have an employee who takes some time off and complains of Rheumatoid Arthritis, Lupus, and a host of other aches, pains, and ailments. Additionally she is a team lead.

Today I had an office contest of which it was her team vs 2 other teams with it being a "contact contest" and we are, for the record, a Collection Agency. The contest part doesn't matter but the requirement does: I made each employee say "i have a contact" loudly and stand up so I could see. She arbitrarily decided not to stand up and asked me in front of everyone if she had to stand because her arthritis was acting up. I told her yes and that ended the conversation. The immediate reward was a card game for points for a contest but instead of standing up she stayed seated and called out a few contacts then wanted a card game for points. I advised her she didn't stand so it wasn't valid so she said "this is bull**** and discrimination" and went back to her desk.

The question is...

Can I make people stand up to announce their contacts with a consumer until such time as a doctor gives me a note saying the person cannot stand up?

Don't be ridiculous. You are setting yourself up to be the defendent in a law suit.

A little compassion and accomodation in the workforce will create a more efficient work place.

 

[CourtClerk]

Don't be ridiculous. You are setting yourself up to be the defendent in a law suit.

Cosign wholeheartedly

Signed,
A fellow Lupus sufferer

 

[Zigner]

Don't be ridiculous. You are setting yourself up to be the defendent in a law suit.

A little compassion and accomodation in the workforce will create a more efficient work place.

Hey Anti - it's a collection agency for Heaven's Sake!

 

[Antigone*]

Hey Anti - it's a collection agency for Heaven's Sake!

Hey, DC would be offended if he read your post. He only shows aggression towards roach, deadbeat debtors who don't pay their bills.

 

[tomnationwide]

So far what I have would appear to be the opinions of several lazy people.

There's no doctor's note provided by the employee and it is my understanding that in order to show medical inefficiency in the work place a note of some sort would be needed.

I'm not interested in your opinions of "compassion" or whether you are also a "lupus sufferer".

What would the law say in this situation? Wouldn't she be required to provide a note from a physician or otherwise follow the instructions?

 

[Silverplum]

I'd say it's time for you to pay for your legal advice.

So far what I have would appear to be the opinions of several lazy people.

There's no doctor's note provided by the employee and it is my understanding that in order to show medical inefficiency in the work place a note of some sort would be needed.

I'm not interested in your opinions of "compassion" or whether you are also a "lupus sufferer".

What would the law say in this situation? Wouldn't she be required to provide a note from a physician or otherwise follow the instructions?

 

[Antigone*]

So far what I have would appear to be the opinions of several lazy people.

There's no doctor's note provided by the employee and it is my understanding that in order to show medical inefficiency in the work place a note of some sort would be needed.

I'm not interested in your opinions of "compassion" or whether you are also a "lupus sufferer".

What would the law say in this situation? Wouldn't she be required to provide a note from a physician or otherwise follow the instructions?

..and we usually stick up for these moronic folks

Do whatever the heck you want ~you'll get no more assistance here. These lazy people are too busy bagging on Studley, Switchblade and The Hammer to care about your particular situation.

 

[mlane58]

So far what I have would appear to be the opinions of several lazy people.

There's no doctor's note provided by the employee and it is my understanding that in order to show medical inefficiency in the work place a note of some sort would be needed.

I'm not interested in your opinions of "compassion" or whether you are also a "lupus sufferer".

What would the law say in this situation? Wouldn't she be required to provide a note from a physician or otherwise follow the instructions?

Well idiot, the ADA just might have something to say since you know this person has a couple of disabilities and you can easily accomodate them by not making them stand. Oh we are not showing any compassion for you by the way----Tool!

 

[cbg]

You wanted to know if it was discriminatory or illegal. Here's what I need from you in order to respond.

Please provide for us the business necessity for her to stand up under the circumstances you have provided; why it would cause an undue hardship for the company if she did not stand up; and whether or not you are satisfied with these answers as a defense, should you be called into court to defend your position.

 

[You Are Guilty]

What would the law say in this situation? Wouldn't she be required to provide a note from a physician or otherwise follow the instructions?

You could not be more wrong.
42 USC 12102

As used in this Act:
...
(2) Disability. The term disability means, with respect to an individual

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

[highlight](C) being regarded as having such an impairment. [/highlight]

 

[xylene]

US LAW ONLY - you tool!

 

[Antigone*]

US LAW ONLY - you tool!

Oh we all missed that. Zwitchbladeiggy is losing his touch!!!

 

[BOR]

Tom, what do her daily duties consist of? Does the person sit mostly or is required to move around a % of the shift?

If it is a sit down job as a basic day, and you discipline her for not standing up, it may be shaky legal ground, and why risk it??

 

[eerelations]

OP, here's your legally-sound (in the US, Canada and the UK) answer.

Since you already know she's disabled, you legally don't need a doctor's note from her to attest to this. If you'd feel more comfortable with a doctor's note, you may legally ask her for one, however, you're still legally required to recognize her disability as such while you await the arrival of said doctor's note. Regarding the accommodation issue, you are required to accommodate this employee's disability (even before she brings you a doctor's note), unless you can prove that such accommodation will impose a financial hardship (i.e., loss of income) on your firm.

Hope this helps!!!