Disciplinary Actions
Where the supervisor possesses the relevant information regarding violent, harassing, threatening, and other disruptive behavior, the supervisor should determine the appropriate disciplinary action.
The selection of an appropriate charge and related corrective action should be discussed with human resources and legal staff where appropriate. Some options for disciplinary action include:
- Reprimand, warning, short suspension, and alternative discipline: These lesser disciplinary actions can be used in cases where the misconduct is not serious or intervention may correct the problem behavior. They are an excellent means of dealing with problem behavior early on.
- Removal, reduction-in grade, and long-term suspension: These options may be more appropriate when serious misconduct occurs.
No matter the option you choose, be sure to coordinate with legal staff to ensure compliance with local, state, and federal law as deemed appropriate.
Disabilities as a Defense Against Alleged Misconduct
The Equal Employment Opportunity Commission (EEOC) has issued important guidance that specifically addresses potentially violent misconduct by employees with disabilities. Although this guidance deals specifically with psychiatric disabilities, it applies generally to other disabling medical conditions. It advises an organization may discipline an employee with a disability who has violated a rule (written or unwritten) that is job-related and consistent with business necessity. Discipline can occur even if the misconduct is the result of the disability, as long as the company would impose the same discipline on an employee without a disability. The guidance specifically states nothing in the Rehabilitation Act prevents an employer from maintaining a workplace free of violence or threats of violence.
For a detailed discussion of all these points, see EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities, EEOC number 915.002, 3-25-97. The guidance is available on the Internet at www.eeoc.gov, or a copy can be obtained by calling the EEOC Publications department at (800)669-3362.
Knowledge Check Choose the best answer for the question.
6-5. Which of the following responses would be appropriate when serious misconduct occurs?
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