Posted: August 12th, 2013
Managing Volatile Employees
Managing Volatile Employees
The features of Employment Discrimination laws include factors aimed at preventing discrimination based on issues such as race, religion, gender, country of origin, age, and physical disability by employers (Piechowski 2011). Law is also extending its bounds to include prevention of employers discriminating qualified individuals based on their sexual orientation. The discriminatory issues include bias in promotion, hiring, termination of duty, compensation, and various harassment issues. The main organ of employment discriminations regulatory laws comprise of state and federal statutes. The constitution of the United States and a number of state constitutions offer additional safeguards in cases, where the employer is a government entity, or if the government has taken steps to cultivate discrimination practices of the employer. In the Fifth and the Fourteenth Amendments, restrictions have been put to ensure that state and federal employers do not discriminate in the employment process.
In the case of Jack, he can use the Americans with Disability Act of 1990 to contest the reasons as to why he was put on leave. The ADA provides that it is unlawful for an employer to discriminate against qualified individuals with disabilities (Blanck 2000). The supervisor is aware of his psychological condition. To be reinstated to his previous position or be reassigned to another position, Jack will have to raise his concerns using the grievance procedure of the company. The supervisor, fully aware of his condition as the cause for Jack’s anger issues, should have invoked disciplinary action that would be sorted out through grievance procedures.
Grievance procedure is referred to as a process in which an employee can present concerns about the workplace to higher levels of the management (Perritt 2006). This procedure is more formal as compared to mediation and necessitate strict adherence to the rules. The grievance procedure offers a manual that indicate the relevant rules to the procedure. Failure to adhere to the rules is ground to deny one’s right to the process. The grievance procedure can be carried out in four stages or phases. The fist phase consists of administration resolution steps, the second step is the qualifying the grievance for hearing. The third phase is when a hearing takes place, and in the final stage, a review of the hearing is carried out to present a decision. Under grievances laws, there are issues that cannot get to the hearing stage. These include issues to deal with layoffs, assignments, or matters pertaining to inclusions of personnel guidelines (Perritt 2006). However, other issues directly qualify for hearing such as matters involving disciplinary or dismissal action because of poor employee performance (Piechowski 2011).
Using the stages in the grievance process, Jack can seek to be reinstated citing that he has been placed on leave because of his bipolar disability. Bipolar conditions have been verified as a disability for individuals who have it (Blanck 2000). In the management resolution steps, the supervisor can consult with his superiors to ascertain the eligibility of the claim. However, since the supervisor is aware of Jack’s situation, it will be easy for the claim to qualify for a hearing. Jack’s supervisor can claim disorderly conduct of the employee to illicit disciplinary action. Disciplinary action will directly qualify for a hearing by the grievance committee. It is at this stage that Jack may invoke the power of the constitution claiming that he has a bipolar disorder. Bipolar condition is not easily reversed, thus, being put on leave means that he might never go back to work. After deliberation by the committee, Jack will be reinstated in his previous position. However, it would be better for the committee has reassigns him to a station that will enable him to avoid confrontational situations. This will ensure that his volatile nature is controlled to avoid inconveniences on other employees.
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